IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140004482
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 foreign service in Kuwait.
2. The applicant states in 1997 he served in Kuwait in Operation Intrinsic Action 97-02 and it is not shown on his DD Form 214.
3. The applicant provides a page titled Operation Intrinsic Action 97-02, 1997.
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 18 March 1996. On 21 August 1996, he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 12th Cavalry Regiment, Fort Hood, TX. On 18 May 1998, he was promoted to the rank/grade of specialist (SPC)/E-4.
3. He was honorably released from active duty on 17 March 1999 in the rank of SPC and transferred to the U.S. Army Reserve (USAR).
4. Item 12f (Foreign Service) of the DD Form 214 he was issued shows the entry "0000--00--00." Item 18 (Remarks) is void of an entry that shows he had any foreign service.
5. On 1 April 2014, by email, a Defense Finance and Accounting Service (DFAS) official verified he received hostile fire (HF)/imminent danger pay (IDP) for service in Kuwait from 10 June to 19 September 1997 (3 months and 10 days).
6. The applicant provides a printout that shows, in part, the 2nd Battalion, 12th Cavalry Regiment participated in Operation Task Force 2-12 and deployed to Kuwait beginning 3 June 1997 (the arrival date of the advance party) for 120 days of live fire exercises.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214. It stated:
a. In item 12f of the DD Form 214 enter the total amount of foreign service completed by the service member during the period covered by the DD Form 214.
b. In item 18, for a Soldier deployed to a foreign country during the period of service covered by the DD Form 214 enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
A DFAS official confirmed the applicant received HF/IDP for service in Kuwait from 10 June to 19 September 1997, a period of 3 months and 10 days. Therefore, he is entitled to correction of his DD Form 214 to show this foreign service and the dates of 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 amending his DD Form 214 by:
* adding to item 12f the entry "0000--03--10"
* adding to item 18 the entry "SERVICE IN KUWAIT FROM 19970610-19970919"
_______ _ _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) AR20140004482
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ABCMR Record of Proceedings (cont) AR20140004482
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