IN THE CASE OF:  	  

		BOARD DATE:  21 October 2014  	  

		DOCKET NUMBER:  AR20140003341 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military service records to show his overseas deployments.

2.  The applicant states that he was assigned to the 5th Special Forces Group (Airborne) (SFG(A)).  He deployed to Kuwait for six months in 1996 in support of exercise Iris Gold and also to Oman for one month in 1997 in support of exercise Eastern Valor.  

3.  The applicant provides copies of two Leave and Earnings Statements (LESs), a DA Form 2166-7 (NCO [Noncommissioned Officer] Evaluation Report (NCOER), a certificate, and two letters.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant enlisted in the Regular Army (RA) on 25 August 1992.  He was awarded military occupational specialty 54B (Chemical Operations Specialist). Through two reenlistments, he continued to serve in the RA.

3.  The applicant was assigned overseas and served in Korea during the period 28 November 1997 through 5 December 1998.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 31 March 1999 based on disability with severance pay.   He had completed 6 years, 7 months, and 6 days of active service during this period; 5 months and 4 days of total prior active service; and 
2 years, 3 months, and 20 days of total prior inactive service.  It also shows in: 

   a.  item 12 (Record of Service), block f (Foreign Service):  1 year, 0 months, and 8 days, and

   b.  item 18 (Remarks) does not show that he deployed overseas.

5.  The Defense Finance and Accounting Service confirmed the applicant received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE), as follows –

* 9 March 1996 through 3 June 1996 for service in Kuwait
* 18 March 1997 through 7 April 1997 for service in Saudi Arabia

6.  In support of his application, the applicant provides the following documents:

   a.  two LESs for the months of –

* April 1996 that shows, in pertinent part, he was paid –

* HFP/CZTE effective 1 March 1996
* Foreign Duty Pay (FDP) effective 9 March 1996

* May 1997 that shows, in pertinent part, he was paid –

* HFP/CZTE from 1 March 1997 through 30 April 1997
* FDP terminated on 7 April 1997


   b.  his NCOER, covering the period January 1997 through June 1997, that shows, in pertinent part –

* his areas of special emphasis  included, "Supports, prepares, and deploys with Special Forces Operational Detachments"
* he "demonstrated knowledge by functioning as advance element on exercise Eastern Valor and Iris Gold"

   c.  A Combined Joint Special Operations Task Force, Certificate, presented to the applicant for participation in Combined and Joint Exercise Training (Adept Hunter) during Eastern Valor/Adept Hunter;

   d.  A letter from Master Sergeant Richard "Dave" S-------, U.S. Army (Retired), to the Special Forces Association, dated 5 August 2013, in which he verified the applicant was assigned to Headquarters and Headquarters Company (HHC), 
5th SFG(A), from 1994 to 1997 and that he deployed to the Central Command area of responsibility (AOR) in support of Operation Iris Gold with Operational Detachment Bravo 550.

   e.  A letter from Captain Scott A. Z------, Battalion Surgeon, 3rd Battalion, 
7th SFG(A), to the Special Forces Association, dated 5 August 2013, in which he verified the applicant was assigned to HHC, 5th SFG(A) from 1994 to 1997 and that he deployed to the Central Command AOR with Operational Detachment Alpha 555.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

a. Chapter 2 contains guidance on the preparation of the DD Form 214.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for item 18:  for an active duty Soldier deployed with his or her unit (emphasis added) during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas deployments.

2.  Based on the available evidence of record pertaining to the applicant's periods of deployment/overseas service, it is concluded that the applicant served in –

* Kuwait from 9 March 1996 through 3 June 1996
* Saudi Arabia/Oman from 18 March 1997 through 7 April 1997
* Korea from 28 November 1997 through 5 December 1998

   a.  A computation of the periods of deployments/overseas service shows:

	1996  06  03		date of redeployment from Kuwait
	- 1996  03  09		date of deployment to Kuwait
	=     00  02  24
	+ _                1		inclusive day
	=     00  02  25		or 2 months and 25 days of overseas service (Kuwait)


	1997  04  07		date of redeployment from Saudi Arabia/Oman
	- 1997  03  18		date of deployment to Saudi Arabia/Oman
	=     00  00  19
	+ _                1		inclusive day
	=     00   00  20		or 20 days of overseas service (Saudi Arabia/Oman)


	1998  12  05		date of reassignment from Korea
	- 1997  11  28		date of assignment overseas to Korea
	=     01  00  07
	+ _                1		inclusive day
	=     01  00  08		or 1 year and 8 days of overseas service (Korea)
   
   b.  A computation of the total overseas service for these three periods shows:

	00  02  25		Kuwait
	00  00  20		Saudi Arabia/Oman
	+     01  00  08		Korea
	=     01  02  53 		or 1 year, 3 months, and 23 days total foreign service

   c.  Thus, item 12f and item 18 of the applicant's DD Form 214 should be corrected to show the total amount and periods of his foreign service.
3.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

BOARD VOTE:

____X___  ____X___  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the entry "0001  00  08" from item 12, block f of his DD Form 214 and adding the entry "0001  03  23," and

	b.  adding to item 18 of his DD Form 214 the entries:

* "SERVICE IN KUWAIT FROM 19960309-19960603"
* "SERVICE IN SAUDI ARABIA/OMAN FROM 19970318-19970407"




      _______ _   X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140003341



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003341



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1