IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140004016
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Middle East.
2. He states that he believes the absence of his foreign service is due to an administrative oversight.
3. He provides his DD Form 214 and Military Personnel Message Number 96-027.
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 on 27 December 1995. He was honorably released from active duty on 26 December 1998. He was credited with completing 3 years of active duty service.
3. His DD Form 214 shows in:
* Item 12f (Foreign Service) the entry "0000 00 00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Item 18 (Remarks) no deployment entry
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP and combat zone tax exclusion (CZTE)from 19 September through 10 December 1996 (2 months and 22 days) and 15 June through 22 September 1997 (3 months and 8 days) while assigned in Kuwait, a total of 6 months of foreign service.
5. The applicant provided Military Personnel Message Number 96-02, Subject: Termination Date for the Southwest Asia Service Medal and the National Defense Service Medal and Award of the Armed Forces Expeditionary Medal (AFEM) for Operation Southern Watch. The message also contains a Manifest Report that lists the applicant's name which indicates he was deployed with his unit in support of Operation Southern Watch.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states that the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes, in pertinent part, participation in Operation Southern Watch from 1 December 1995 to 18 March 2003.
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation requires the preparer to enter in item 12f the total amount of foreign service completed during the period coved in item 12c (Net Active Service this Period). It also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. DFAS verified that the applicant received HF/IDP and CZTE from
19 September through 10 December 1996 and 15 June through 22 September 1997 while assigned in Kuwait. His service in Kuwait equates to 6 months of foreign service credit. Therefore, items 12f and 18 of his DD Form 214 should be corrected accordingly.
2. The evidence of record shows he served in Kuwait in support of Operation Southern Watch from 19 September through 10 December 1996 and 15 June through 22 September 1997. Therefore, he is entitled to award of the AFEM and correction of his DD Form 214 to show this award.
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 from item 12f of his DD Form 214 the entry "0000 00 00" and replacing it with the entry "0000 06 00";
b. adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal; and
c. adding to item 18 of his DD Form 214 the entry "SERVICE IN KUWAIT FROM 19960919 - 19961210 and 19970615 - 19970922."
_______ _ 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) AR20140004016
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