IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140006451
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 overseas service and to show the separation authority as Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-16 rather than paragraph 5-17.
2. The applicant states his overseas service in Kuwait is not annotated on his DD Form 214 and the separation authority is incorrect.
3. The applicant provides a copy of his DD Form 214, a DA Form 638 (Recommendation for Award), and an excerpt of Army Regulation 635-200.
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. On 17 January 1995, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 19D (Cavalry Scout). He attained the rank/grade of specialist/E-4.
3. He was awarded the Army Achievement Medal for service in Kuwait during the period 19 November 1996 through 5 December 1996.
4. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 20 September 1996 through 5 December 1996 for Kuwait.
5. Records show he was allowed an early release from active duty in order to attend school.
6. On 20 October 1997, after serving a period of 2 years, 9 months, and 4 days as an enlisted Soldier in the Regular Army, the applicant was honorably released from active duty. A review of the DD Form 214 he was issued reveals:
a. Item 12f (Record of Service Foreign Service) does not credit him with any foreign service.
b. Item 18 (Remarks) does not show a period of deployment in participation of a named operation.
c. Item 25 (Separation Authority) shows he was separated under the provisions of Army Regulation 635-200, paragraph 5-17 (Other designated physical or mental conditions).
7. Army Regulation 635-5 (Separation Documents) at the time stated a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It states for item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5 covers early separation discharges to further education. The following pertinent paragraph is as follows: paragraph 5-16, early separation to further education.
DISCUSSION AND CONCLUSIONS:
1. DFAS confirmed he received HF/IDP and CZTE from 20 September 1996 through 5 December 1996 for Kuwait.
2. As such, it appears his statement, together with this information, is sufficient to amend his DD Form 214 to show he served in Kuwait from 20 September 1996 through 5 December 1996.
3. His request for correction of item 25 of his DD Form 214 to show his separation authority as Army Regulation 635-200, paragraph 5-16, was carefully considered and determined to have merit. Therefore, the applicant is entitled to correction of his DD Form 214 to show this chapter as the authority for his separation.
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. amending item 12f of his DD Form 214 by adding the entry "00000211";
b. amending item 18 of his DD Form 214 by adding the entry "SERVICE IN KUWAIT FROM 20 September 1996 through 5 December 1996"; and
c. amending item 25 of his DD Form 214 by deleting the current entry and adding the entry "Army Regulation 635-200, paragraph 5-16."
___________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) AR20140006451
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ABCMR Record of Proceedings (cont) AR20140006451
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