IN THE CASE OF: BOARD DATE: 28 February 2012 DOCKET NUMBER: AR20110013754 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 his service in Kuwait be shown in Block 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: * he served in Kuwait in 1996 as a combat engineer * the Department of Veterans Affairs (DVA) will qualify him for benefits if he can prove his Southwest Asia (SWA) service 3. The applicant provides two DD Forms 214. 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's service records contained in iPERMS (Interactive Personnel Electronic Records Management System) only show his Regular Army (RA) service from 5 November 1998 through 16 March 2000. 3. During his short RA service the applicant was assigned to the 175th Engineer Company, Fort Bragg, NC. He failed multiple Army Physical Fitness Tests (APFT) and was processed for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. There is no indication in his service records that he ever deployed to SWA during his RA service. 4. The applicant provided a DD Form 214 for 4 months and 13 days of active duty as a U.S. Army Reserve (USAR) Soldier during the period 24 January 1989 through 6 June 1989. The DD Form 214 shows no foreign service. 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214, and provides that foreign service performed during the period covered by the DD Form 214 will be captured in Block 12f and explained in Block 18. DISCUSSION AND CONCLUSIONS: 1. The applicant's iPERMS records are the only records available for review. These records do not show any foreign service or unit deployment activity, and they do not reflect any service prior to 5 November 1998. 2. The applicant requests correction of his DD Form 214 to show service in Kuwait in 1996. There is no record of such service, and the date of such service, if performed, is outside of the time period covered by the DD Form 214. 3. The applicant has provided no evidence to show he served in SWA. 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) AR20110013754 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013754 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1