IN THE CASE OF: BOARD DATE: 21 July 2009 DOCKET NUMBER: AR20090001365 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 service in Kuwait and the awards he received as a result of his deployments during the periods of 1998 through 1999 and 2001 through 2002. 2. The applicant states that his DD Form 214 failed to show his service in Kuwait. He asks that the Army Board for Correction of Military Records (ABCMR) review his records to locate evidence to support his request. 3. The applicant provides a copy of his DD Form 214 as documentary evidence in support of this application. 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 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 record shows that he enlisted in the United States Army Reserve Delayed Entry Program (USAR DEP) on 1 August 1994. He was discharged from the USAR DEP on 28 August 1995 for the purpose of immediate enlistment in the Regular Army and entered active duty on 29 August 1995. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 15Q (Air Traffic Control Operator). The highest rank he attained while serving on active duty was the rank of sergeant (SGT)/pay grade E-5; however, at the time of his discharge, he held the rank of specialist (SPC)/pay grade E-4. The applicant was discharged from the Regular Army effective 21 May 2004 after completing 8 years, 8 months, and 23 days of active service. 3. The applicant's Enlisted Record Brief, dated 24 February 2004, does not credit him with service in Kuwait or any other overseas location. Additionally, a thorough review of the applicant's available service personnel record failed to reveal any evidence that he ever served in Kuwait or any other overseas location. Further, there is no evidence that he was either recommended for or received any awards associated with deployment to Kuwait. 4. A thorough review of the applicant's Defense Finance and Accounting Service (DFAS) pay history for the period of 1998 through 2002 failed to reveal any evidence that he served in a combat zone, served in an imminent danger pay area, received Family Separation Allowance, or travelled on Temporary Duty to an overseas location. 5. The applicant's DD Form 214 does not credit him with service in Kuwait or any other overseas location. 6. Army Regulation 635-5 (Separation Documents) , in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty. The DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 7. Army Regulation 15-185 (Boards, Commissions, and Committees - Army Board for Correction of Military Records), in pertinent part, provides that the ABCMR will decide cases on the evidence of record. It is not an investigative body. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions that his DD Form 214 should be corrected to show his service in Kuwait and the awards he received as a result of his deployments during the periods of 1998 through 1999 and 2001 through 2002 were carefully considered. 2. There is no evidence in the applicant's available personnel or finance records that shows he served in Kuwait or any other overseas location at any time. Additionally, there is no evidence that he was either recommended for or received any awards associated with deployment to Kuwait. 3. Army Regulation 15-185, in pertinent part, provides that the ABCMR is not an investigative body and the Board will decide cases on the evidence of record. 4. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. In absence of evidence to the contrary, the preponderance of evidence in the available records supports presumption of regularity in the personnel records maintenance process. Therefore, there is no basis upon which to award the applicant any awards for service in Kuwait. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20090001365 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001365 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1