BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20160002757 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ _x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20160002757 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 adding award of the Global War on Terrorism Service Medal to his DD Form 214 for the period ending 26 April 2002. 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 listing a deployment to Kuwait on his DD Form 214 for the period ending 26 April 2002 or any associated foreign service awards. ___________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. BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20160002757 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Kuwait and associated medals and service ribbons. 2.  The applicant states his DD Form 214 does not show his deployment to Camp Doha, Kuwait. It is also not found at the National Records Center. He states his treatment for post-traumatic stress disorder ceased and he was denied other benefits because his record is incorrect. 3.  The applicant provides an Information Report from the Southwest Department of Veterans Affairs (VA) Healthcare Clinic. 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 enlisted in the U.S. Army Reserve (USAR) on 7 October 1998. He entered active duty for training (ADT) on 4 November 1998 and completed training in military occupational specialty 92A (Automated Logistical Specialist). 3.  He was honorably released from ADT on 26 April 1999. His DD Form 214 for this period shows in: * item 12f (Foreign Service), the entry 0000  00  00 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon * item 18 (Remarks), no deployment entry 4.  His records contain two DA Forms 4187 (Personnel Action) showing he was promoted to E-2 on 13 May 1999 and on 7 October 1999 respectively, while assigned to the 321st Materiel Management Center, Baton Rouge, LA. 5.  On 2 December 1999, he requested a conditional release from the USAR to enlist in the Regular Army. His request was approved. He was discharged from the U.S. Army Reserve on 22 February 2000. 6.  He enlisted in the Regular Army on 22 February 2000. He was assigned to the 564th Maintenance Company, Fort Polk, LA. 7.  He was honorably released from active duty on 26 April 2002 due to hardship. His DD Form 214 shows he completed 2 years, 2 months, and 5 days of active service. It also shows in: * item 12f, the entry 0000  00  00 * item 13, the Army Achievement Medal, Army Lapel Button, Army Good Conduct Medal, Army Service Ribbon, and Driver and Mechanic Badge with Driver-W Bar * item 18, no deployment entry 8.  The Defense Finance and Accounting Service confirmed that the applicant's pay records do not reflect any deployments or receipt of hostile fire/imminent danger pay. 9.  He provided a Southwest VA Healthcare Clinic Information Report, dated 6 January 2016, listing basic administrative data regarding the applicant. The entry under the title "Special Pay Periods – Combat Pay & Combat Tax Exclusion" reads "Hostile Fire/Imminent Danger Pay" with a beginning date of "09/01/1999" and an ending date of "09/30/1999." REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. ARNG and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the U.S. Alternate Training Program or USAR Split Training Program. e. Chapter 2 of Army Regulation 635-5 provides instructions to complete the DD Form 214. It states, for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, list all awards and decorations * item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" 2. Army Regulation 600-8-22 (Military Awards) states: a. The Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the AOE, or meet other specified criteria. b. The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the AOE designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including RC Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. c. The Armed Forces Reserve Medal is awarded for honorable and satisfactory service as a member of one or more of the RCs for a period of 10 years. Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, section 712 of Title 14, U.S. Code. The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in section 101(A) (13) of Title 10, U.S. Code. Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the "M" Device. DISCUSSION: 1. The applicant completed two periods of service, the first in the USAR and the second in the Regular Army. a. During his USAR service, he entered ADT on 4 November 1998 and he was released from ADT on 26 April 1999. He did not deploy during this period. Naturally, this DD Form 214 does not reflect any foreign service or deployment. b. Aside from the above ADT for which a DD Form 214 was issued, there is no evidence that confirms he performed any other active service of at least 90 consecutive days while he was in the USAR that would have qualified him for the issuance of a DD Form 214. c. There is no evidence in the available records that confirm he deployed. There are no mobilization orders, deployment orders, temporary change of station orders, temporary duty orders, or award orders that mention deployment or a statement from his commander confirming he deployed. d. Even if the dates indicated on the VA Information Paper are corroborated via other evidence (1 to 30 September 1999), such deployment, unless mobilized under Title 10, would not have required a separate DD Form 214. e. During his Regular Army service, he served at Fort Polk, LA, from 22 February 2000 to 26 April 2002. There is no evidence he deployed during this period. Accordingly, this DD Form 214 does not reflect any foreign service or deployment. 2. There are at least three service awards associated with deployments to Kuwait: a. He served on active duty after 11 September 2001 (through 26 April 2002). He is authorized award of the Global War on Terrorism Service Medal and its listing on his DD Form 214 for the period ending 26 April 2002. b. In the absence of evidence showing he was mobilized to active duty and deployed, the criteria for award of the Global War on Terrorism Expeditionary Medal or the Armed Forces Reserve Medal with "M" Device have not been met. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002757 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002757 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2