IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003653
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Kuwait.
2. The applicant states in approximately August or September 1997, he was deployed to Kuwait with Company D, 1st Battalion, 67th Armor Regiment, stationed at Fort Hood, TX. This does not show on his military records. He served in this region as an armor crewman and it should be recorded in his military records. He has no other evidence besides friends and family member's testimony such as postmarked mail he sent from his post in Kuwait.
3. The applicant provides no additional evidence.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 7 September 1995. He completed training and served in military occupational specialty (MOS) 19K (M1 Armor Crewman). He was honorably released from active duty on 6 September 1998. His DD Form 214 lists in:
* Item 12f (Foreign Service) zero credit
* Item 18 (Remarks) no period(s) of deployment
3. According to Defense Finance and Accounting Service (DFAS) records, the applicant received hostile fire and imminent danger pay for service in Kuwait from 9 September 1997 through 17 December 1997, a period of 3 months and 8 days.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated:
* Item 12f of the DD Form 214 would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 18 - for active duty Soldiers deployed with his/her unit during their continuous period of active service, would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
The applicant served in Kuwait from 9 September 1997 through 17 December 1997, a period of 3 months and 8 days. Therefore, item 12f of his DD Form 214 should be corrected to show this period of foreign service. Additionally, item 18 of his DD Form 214 should be corrected to show this service.
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:
* deleting from item 12f of the applicant's DD Form 214 the entry, "0000-00-00" and replacing it with the entry, "0000-03-08"
* adding to item 18 of his DD Form 214 the entry, "Service in Kuwait: 19970909-19971217"
____________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) AR20140003653
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140003653
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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