IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140018853
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 March 2007 to show she received an Army Commendation Medal (ARCOM) (3rd Award) and that she served in Kuwait.
2. The applicant states she served in Kuwait from February to July 1998 and was awarded an ARCOM (3rd Award).
3. The applicant provides an ARCOM Certificate which lists Order Number
183-4 and a Certificate of Achievement for her service in Kuwait.
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. With prior service, on 10 April 1987, the applicant enlisted in the Regular Army.
3. Her DD Form 214 shows in:
* item 12f (Record of Service - Foreign Service) 7 years, 6 months, and
14 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) ARCOM (5th Award)
4. She provided an ARCOM Certificate citing Order Number 183-4, which awarded her the ARCOM (3rd Award) for the period 25 February to 30 April 1998.
5. The applicant provides a DA Form 638 (Recommendation for Award) that shows she was deployed to Kuwait in support of Operation Desert Thunder from 25 February to 30 April 1998.
6. On 31 March 2007, she was honorably retired.
7. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. The ARCOM (3rd Award) was awarded to the applicant on 30 April 1998. The award is already annotated on her DD Form 214 in the entry for the ARCOM (5th Award). Therefore, her ARCOM (3rd Award) would not be listed separately on her final DD Form 214.
2. The DA Form 638 the applicant provides is sufficient evidence to correct her DD Form 214 to show that she served in Kuwait from 25 February to 30 April 1998.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 her DD Form 214 with a separation date of 31 March 2007 by adding in item 18 (Remarks) "Service in Kuwait from 19980225-19980430."
2. The Board further determined 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 the ARCOM (3rd Award).
____________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) AR20120002333
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