IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005960 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 records to show his overseas service, award of the Purple Heart, and upgrade of his general discharge. 2. The applicant states his DD Form 214 (Certificate of Release of Discharge from Active Duty) is not correct due to lack of record keeping at his duty station. 3. The applicant did not provide any supporting documentation. 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 portion of his request pertaining to an upgrade of his general discharge was referred to the Army Discharge Review Board (ADRB), which has jurisdiction for review of discharges within a 15-year statute of limitations. The ADRB considered his discharge upgrade request and issued a denial memorandum on 21 October 2015. This issue will not be further discussed in these proceedings. If the applicant is dissatisfied with the ADRB decision, he may submit a new application to the ABCMR, which is authorized to review ADRB decisions. If he chooses to apply to the ABCMR, he is encouraged to explain in detail why he believes an upgrade is warranted and to submit any supporting documentation he believes is relevant. 3. Regarding the portion of his request pertaining to the Purple Heart, Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, provides that the Board will not consider a request if it determines the applicant has not exhausted all available administrative remedies. a. There is no evidence that shows the applicant was awarded the Purple Heart. Former members of the Army should submit a request for award of the Purple Heart to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Drive, Fort Knox, KY 40122. The request will include documentation pertaining to the wound and inflicting force, including: * deployment orders * enlisted record brief * one-page narrative describing the qualifying incident and the conditions under which the service member was injured or wounded * notarized statements from at least two individuals other than the proposed recipient who were personally present, observed the incident, and have direct knowledge of the event; alternatively, other official documentation may be used to corroborate the narrative * casualty report * Standard Form 600 (Chronological Record of Medical Care) * DD Form 214 b. There is no evidence the applicant has exhausted the administrative remedy described above. Therefore, the applicant's request for award of the Purple Heart will not be discussed further in these proceedings. 4. The applicant enlisted in the Regular Army on 2 August 2001. He held military occupational specialty 11B (Infantryman). 5. He received a general discharge due to misconduct on 1 August 2005. He completed 3 years, 11 months, and 6 days of active duty service. His DD Form 214 shows in: a. item 12f (Foreign Service), "0000 00 00" (indicating no foreign service). b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Parachutist Badge c. item 18 (Remarks), no entry for deployment. 6. His Enlisted Record Brief does not show he served overseas. 7. A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Purple Heart. 8. An email from the Defense Finance and Accounting Service confirmed he received hazardous fire pay/imminent danger pay for service in Kuwait from 15 February 2003 through 21 January 2004 (11 months and 7 days). 9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. Item 12f shows the total amount of foreign service completed during the period and for an active duty Soldier, item 18 requires, if applicable, an entry showing "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example YYYYMMDD-YYYYMMDD). DISCUSSION AND CONCLUSIONS: The available evidence shows the applicant served in Kuwait from 15 February 2003 through 21 January 2004 (11 months and 7 days). His DD Form 214 should be corrected to show this foreign service. 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: a. deleting the current entry in item 12f of his DD Form 214 and replacing it with "0000 11 07" and b. adding the entry "SERVICE IN KUWAIT FROM 20030215-20040121" to item 18 of his DD Form 214. _______ _ _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) AR20130006762 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005960 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1