BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100013840 


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 that item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the time he was deployed to Kuwait.

2.  The applicant states he was deployed to Kuwait from 10 June 1997 to September 1997.

3.  The applicant provides his DD Form 214 and an Army Achievement Medal (AAM) Certificate.

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 military records show he enlisted in the Regular Army on 28 August 1996 and was awarded the military occupational specialty of petroleum supply specialist upon completion of training.  He served at Fort Jackson, SC, from 28 August to 31 October 1996; at Fort Lee, VA, from 1 November 1996 to 17 January 1997; and at Fort Hood, TX, from 18 January 1997 until his honorable release from active duty on 27 August 1999.

3.  The applicant's official military personnel file on the U.S. Army Human Resources Command integrated Personnel Electronic Records Management System does not contain any orders for temporary duty.

4.  The AAM Certificate provided by the applicant shows he was cited in Permanent Orders Number 240-23 for meritorious achievement while deployed to Kuwait in support of Operation Intrinsic Action 97-02 from 10 June 1997 to 19 September 1997 for a period of 3 months and 10 days.

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) is blank.  Item 35 (Record of Assignments) has no overseas service listed in the space for organization and station or oversea country.

6.  The DD Form 214 issued to the applicant contains entries indicating no foreign service entered in item 12f.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not list the AAM.

7.  The U.S. Army Human Resources Command Gulf War Listing shows the applicant served in the Gulf War from 1 June 1997 to 30 September 1997.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides an AAM certificate which shows his service in Kuwait and the Gulf War Listing verifies the period he served overseas.

2.  As such, it would be appropriate to correct item 12f of his DD Form 214 to read "0000  03  10."


BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending item 12f of his DD Form 214 to read "0000  03  10."



      __________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)                                         AR20100013840



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ABCMR Record of Proceedings (cont)                                         AR20100013840



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