IN THE CASE OF:  

		BOARD DATE:  19 August 2021

		DOCKET NUMBER:  AR20210007793


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 26 July 1997 to show deployments to 
Kuwait in 1995 and 1996.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending on 26 July 1997
*	Army Achievement Medal Certificate, dated 12 October 1995
*	Certificate of Achievement, dated September – December 1996
*	Army Achievement Medal Certificate, dated 5 January 1997
*	Certificate of Appreciation
*	Photograph
*	Leave and Earnings Statement (LES) September – November 1995
*	LES October – December 1996

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (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 he was deployed two times to Kuwait and neither deployment is 
on his DD Form 214. He deployed in 1995 in support of Operation Intrinsic Action, and 
again in 1996 in support of Operation Desert Strike.

3.  A review of the applicant's official records shows:

	a.  On 27 July 1993, the applicant enlisted in the Regular Army.

	b.  The applicant's records are void of any orders deploying him in support of any 
named operations or contingencies.
	c.  On 26 July 1997, the applicant was honorably released from active duty. He 
completed 4 years of net active service. Item 18 (Remarks) is void of an entry for any 
deployments.

4.  The Gulf War Roster, a list of Soldiers who deployed to the Persian Gulf region 
created by the Defense Manpower Data Center, shows the applicant was in the region 
from 1 September 1995 to 31 December 1995.

5.  The applicant provides:

	a.  Army Achievement Medal Certificate presented to the applicant for excellence 
during the task force deployment to Kuwait for Operation Intrinsic Action.

	b.  Certificate of achievement presented to the applicant for outstanding 
performance and dedication to duty during Operation Desert Strike from September to 
December 1996.

	c.  Army Achievement Medal presented to the applicant for outstanding performance 
and dedication to duty while deployed to Kuwait as part of Operation Desert Strike.

	d.  Certificate of appreciation presented to the applicant for his excellent service, 
cooperation and sincere efforts in support of the 6th Mechanized Brigade.

	e.  Photograph of the applicant in desert utility uniform.

	f.  September – October 1995 LES showing the applicant received hazardous duty 
pay and imminent danger pay.

	g.  November 1995 LES showing his hazardous duty pay and imminent danger pay 
had stopped.

	h.  October – December 1996 LES showing the applicant received hazardous duty 
pay and imminent danger pay.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found partial 
relief is warranted.

2.  While the exact dates of the applicant's arrival in and departure from Kuwait are 
unknown, the Board found sufficient evidence to confirm that he was in Kuwait from 
September through October 1995 and again from October through December 1996. 
The Board determined these periods of deployed service should be added to the 
Remarks block of his DD Form 214.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	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 adding to block 18 of his 
DD Form 214 the entry "Service in Kuwait: September through October 1995, October 
through December 1996."

		  
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.


?
REFERENCES:

1.  Title 10, USC, 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 ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribes the 
separation documents which are prepared for individuals upon retirement, discharge or 
release from active military service or control of the Army. Item 18; Use this block for 
entries required by Headquarters Department of the Army for which a separate block is 
not available and for completing entries that are too long for their blocks. There is no 
provision in the regulation for adding deployments to item 18.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210007793


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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