IN THE CASE OF:	  

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140017682 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Kuwait in March 1998.

2.  The applicant states she served on active duty under multiple last names.  Although her DD Form 214 covers her entire military history, it does not cover he reenlistment in Kuwait in March 1998.  This information is needed to verify her deployment to the Persian Gulf from February to May 1998.  She was told a DD Form 214 should have been issued back then.  She is not a personnel specialist and she did not know how to get this done.  She was denied Department of Veterans Affairs (VA) healthcare benefits and she can only use those if she enrolls in the Gulf War Registry.  

3.  The applicant provides:

* Honorably Discharge Certificate
* Oath of Reenlistment
* DD Form 4 (Enlistment/Reenlistment Document)
* Memorandum authorizing her the Armed Forces Expeditionary Medal
* Request for name change
* DA Form 638 (Recommendation for Award) (unsigned/unapproved)




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's records show she enlisted in the Regular Army on 22 March 1995 and she held military occupational specialty 96B (Intelligence Analyst).  She served in a variety of stateside or overseas assignments and she attained the rank/grade of staff sergeant/E-6. 

3.  On 29 March 1998, the applicant executed a 3-year reenlistment in the Regular Army.  The reenlistment took place at Camp Doha, Kuwait, while she was assigned to Headquarters and Headquarters Company, 3rd Infantry Division. 

4.  She was honorably released from active duty on 28 May 2001.  Her DD Form 214 show she completed 6 years, 2 months, and 7 days of active service.  It also shows in:

* Item 12f (Foreign Service) - the entry "0000-06-10"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Service Medal
* Noncommissioned Officer Professional Development Medal with Numeral 2 
* Army Service Ribbon
* Army Lapel Button
* NATO Medal (Yugoslavia)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge 
* Item 18 (Remarks) no service in a hostile file/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE)

5.  She provides:  

	a.  A memorandum, dated 21 September 1998, issued by the Commander, 103rd Military Intelligence Battalion, Fort Stewart, GA , identifying those Soldiers who served in Kuwait from more than 30 days and are eligible for award of the Armed Forces Expeditionary Medal. 

	b.  Unsigned/unapproved DA Form 638, dated 21 January 2001, showing she was recommended for award of the Meritorious Service Medal.  One of her achievement bullets states "deployed to Kuwait with the 3rd Infantry Division as part of Operation Desert Thunder from February to May 1998."  Another achievement bullet states "distinguished herself when she deployed to Bosnia from March to November 1997." 

6.  On 6 February 2012, she was issued a DD Form 215 (Correction to DD Form 214) that added award of the Armed Forces Expeditionary Medal. 

7.  The Defense Finance and Accounting Service confirmed the applicant received HF/IDP and CZTE:

* from 20 February 1998 to 6 May 1998, for service in Kuwait
* from 6 April 1997 to 24 July 1997 for service in Bosnia

8.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214
* block 13, enter all awards, decorations, and badges
* block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait from 20 February 1998 to 6 May 1998 (2 months and 17 days) and in Bosnia from 6 April 1997 to 24 July 1997 (3 months and 19 days) for a total of 6 months and 10 days of foreign service.  While item 12f of her DD Form 214 correctly captured her foreign service and item 13 correctly captured her awards, item 18 does not reflect these deployments. 

2.  The regulation states for a Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From  YYYYMMDD - YYYYMMDD)" is entered in item 18.  Therefore, she is entitled to correction of her DD Form 214 to show her Kuwait and Bosnia deployments as recommended below. 

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 adding to item 18 of her DD Form 214 the entries "Service in Kuwait 19980220-19980506" and "Service in Bosnia 19970406-19970724."



      _______ _   _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)                                         AR20140017682





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017682



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1