RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 February 2007 DOCKET NUMBER: AR20060009982 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Anita McKim-Spilker Analyst The following members, a quorum, were present: Mr. Mark D. Manning Chairperson Mr. John T. Meixell Member Mr. Qawiy A. Sabree Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests: a. Item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show specialist (SPC)/E-4 versus private first class (PFC)/E-3; and a. Item 18 (Remarks) of his DD Form 214 be corrected to show his service in Kuwait. 2. The applicant states, in effect, that he served honorably and would like these corrections made to his discharge document. 3. The applicant provides a copy of his DD Form 214; validation of his overseas service; a copy of a pay inquiry; and a copy of his travel voucher. CONSIDERATION OF EVIDENCE: 1. The evidence shows the applicant served in the Regular Army from 24 July 1997 through 23 July 2000. He was released from active duty and transferred to the U.S. Army Control Group (Reinforcement) upon completion of his required active service. His service was characterized as honorable and he received three Army Achievement Medals and the Army Service Ribbon. 2. This memorandum shows the applicant's grade as "SPC." This memorandum also indicates the applicant is entitled to the Armed Forces Expeditionary Medal (AFEM) in accordance with MILPER Message 00-102, Award of the AFEM for Operation Desert Spring in the Expanded Area of Eligibility of Southwest Asia Iraq Operations. 3. The applicant submitted a copy of a "Pay Inquiry," dated 5 December 1999, which shows he was not getting paid as a SPC/E-4 although he was promoted on 24 September 1999. The applicant's first sergeant verified the inquiry on 5 December 1999. Under "Inquiry Evaluation," the applicant's request was marked as "Valid," and under "Action Taken" it was noted that the applicant's promotion would be input on the system and reflected on his December end-of-month pay. 4. Memorandum for Record, Department of the Army, Headquarters, 588th Engineer Battalion, Fort Hood, Texas, dated 15 February 2000, validated the applicant's service with A Company, 588th Engineer Battalion, deployed to Kuwait for Intrinsic Action 99-03, from 15 August 1999 through 18 December 1999. His unit was attached to Coalition-Joint Task Force for Operation Desert Spring. 5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the AFEM. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 4, enter the active duty grade or rank and pay grade at the time of separation from the Enlisted Record Brief (ERB)/Officer Record Brief (ORB). 7. It further states that, 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 (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks). 8. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. DISCUSSION AND CONCLUSIONS: 1. Sufficient evidence shows the applicant was promoted to SPC/E-4 on 24 September 1999. Therefore, he is entitled to have his DD Form 214 corrected to show his grade as SPC/E-4. 2. The applicant's service in Kuwait from 15 August 1999 through 18 December 1999 was validated by an official memorandum. Therefore, he is entitled to have this overseas service shown on his DD Form 214. 3. Evidence shows the applicant was awarded the AFEM. Therefore, he is entitled to have this award shown on his DD Form 214. BOARD VOTE: __mdm___ __jtm___ __qas___ 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. showing the applicant was a SPC/E-4 in Item 4 of his DD Form 214; b. adding "SERVICE IN KUWAIT FROM 19990815-19991218" in Item 18 of his DD Form 214; and c. adding the AFEM in Item 13 of the applicant's DD Form 214. Mark D. Manning ______________________ CHAIRPERSON INDEX CASE ID AR20060009982 SUFFIX RECON DATE BOARDED 20070222 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (GRANT) REVIEW AUTHORITY ISSUES 1. 100.0000 2. 107.0072 3. 4. 5. 6.