IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140010485
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 deployment to Kuwait.
2. He states that item 12f (Foreign Service) on his DD Form 214 indicates zero months of foreign service, but he served five months in Kuwait in the exercise "Task Force 2-12 Intrinsic Action 97-02 Kuwait." He was overseas and served in Kuwait from May to October 1997. He has a certificate that shows his time served in this exercise in Kuwait.
3. He provides a Certificate of Achievement.
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 17 August 1995.
3. He was honorably released from active duty on 16 August 1998 at the completion of required active service and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) on the next day. His DD Form 214 shows in:
a. item 12f, the entry "0000 00 00" indicating he did not complete any foreign service.
b. item 18 (Remarks), no entry indicating he was deployed to Kuwait.
4. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. This database reveals the applicant was deployed from 1 June to 30 September 1997.
5. He provided a Certificate of Achievement which shows he was commended for his performance, dedication to duty, and exemplary teamwork while assigned to Task Force 2-12 during Intrinsic Action 97-02 in Kuwait.
6. His service record is void of evidence which shows he was deployed to Kuwait from May to October 1997.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated for:
a. item 12f, enter the total amount of foreign service completed during the period covered by the DD form 214.
b. item 18, for an active duty Soldier deployed 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)."
DISCUSSION AND CONCLUSIONS:
1. The Desert Shield/Storm Data Base verifies the applicant was deployed from 1 June to 30 September 1997 (a period of 4 months) and the applicant provided a Certificate of Achievement which shows he participated in Task Force 2-12, Intrinsic Action 97-02 in Kuwait. This evidence is sufficient as a basis to correct item 12f of his DD Form 214 to show he completed 4 months of foreign service and correct item 18 to show the entry "SERVICE IN KUWAIT FROM 970601 TO 970930."
2. His service record is void of evidence which shows he served in Kuwait from May to October 1997 for a period of 5 months. Therefore, there is no basis for correction of his DD Form 214 to reflect 5 months of foreign service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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:
a. adding to item 12f the entry "0000 04 00"; and
b. adding to item 18 the entry "SERVICE IN KUWAIT FROM 19970601-19970930."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show he served in Kuwait from May to October 1997 (5 months).
_______ _ _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) AR20140010485
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ABCMR Record of Proceedings (cont) AR20140010485
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