IN THE CASE OF: BOARD DATE: 19 May 2021 DOCKET NUMBER: AR20210006410 APPLICANT REQUESTS: * foreign service credit for his service in Kuwait * Armed Forces Expeditionary Medal * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter of support dated 14 July 2020 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states during his time on active duty he deployed to Kuwait. He deployed in August of 2000 and it was not annotated on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He believes he also should have received an Armed Forces Expeditionary Medal because he served in Kuwait. 3. The applicant provides a letter of support from Ms. W__, dated 14 July 2020, which states she was verifying the applicant’s deployment to Kuwait from 1 August 2000 to 1 January 2001. He served under her leadership for the Spring Intrinsic Action rotation under Order number 209-00033 issued by Headquarters, 24th Infantry Division (Mechanized), Fort Riley, KS 66442. The applicant served as a combat medic and noncommissioned officer in charge (NCOIC) of the Battalion Aid Station with the 125th FSB in support of the deployment. She does not understand how the deployment was not annotated on his DD Form 214, but feels it is a grave injustice for the Solder because he was there the entire time. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 1 July 1999. b. The applicant’s available service record is void of evidence showing deployment to Kuwait. c. The applicant’s Enlisted Record Brief shows he is authorized the National Defense Service Medal. d. Orders 036-0002, dated 5 February 2003, discharged the applicant from active duty with an effective date of 6 February 2003. e. On 6 February 2003, he was discharged from active duty with a general, under honorable conditions characterization of service. His DD Form 214 shows he completed 3 years, 7 months, and 6 days of active service with no foreign service time. It also shows he was awarded or authorized: * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Hand Grenade 5. A review of the applicant’s record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider foreign service credit and award of the Armed Forces Expeditionary Medal. 6. On 3 May 2021, a member of the Defense Finance Accounting Services staff provided email verification to confirm the applicant’s deployment to Kuwait from 1 August 2000 to 31 December 2000. 7. By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 8. By regulation, (AR 635-5) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 12f (Foreign Service) will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence; each entry will be verified by the Soldier’s records. c. Item 18 (Remarks), for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 9. By regulation (AR 600-8-22), the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved. BOARD DISCUSSION: 1.. After review of the application and all evidence, the Board found partial relief is warranted. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed that DFAS provided sufficient documentation to show he served in Kuwait from 1 August 2000 to 31 December 2000 (5 months); thereby warranting correction in this case. However, based on regulatory guidance the Board found insufficient evidence in the military records to support award of the Armed Forces Expeditionary Medal. Therefore, partial relief was granted. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. 3. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF XXX XXX XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 his DD Form 214 for the period ending 6 February 2003 by: * Block 12f (Foreign Service) – add 5 months * Block 18 (Remarks) – Service in Kuwait from 1 August 2000 to 31 December 2000 2. The Board further determined that 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 award of the Armed Forces Expeditionary Medal. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized an additional award not annotated on his DD Form 214. As a result, amend his DD Form 214, ending on 6 February 2003, to show award of the National Defense Service Medal. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 12f (Foreign Service) will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) list awards and decorations for all periods of service in the priority sequence; each entry will be verified by the Soldier’s records. b. Item 18 (Remarks), for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." 4. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved. Southwest Asia operations listed in the table which designated U.S. military operations that have been approved for award of the AFEM include: * Vigilant Sentinel from 1 December 1995 to 15 February 1997 * Maritime Intercept Operations from 1 December 1995 to 18 March 2003 * Southern Watch from 1 December 1995 to 18 March 2003 * Northern Watch from 1 January 1997 to 18 March 2003 * Desert Fox from 11 November 1998 to 22 December 1998 * Desert Thunder from 16 December 1998 to 22 December 1998 * Desert Spring from 31 December 1998 to 18 March 2003 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006410 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1