IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009217 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 IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009217 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 amending his DD Form 214 as follows: a. awarding him the AGCM (1st Award) for the period 4 January 1994 through 3 January 1997; b. adding the following entries in: * item 12f – “02 month(s) 12 day(s)” * item 13 – AGCM (1st Award) * item 18 – “SERVICE IN KUWAIT FROM 19950822-19951103” 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 adding the ARCOM to his DD Form 214. _______ _ _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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150009217 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, several Army Commendation Medals (ARCOM), and the Army Good Conduct Medal (AGCM). 2. He states, in effect, that his DD Form 214 does not list his service in Kuwait or the above awards. 3. He provides his DD Form 214, ending on 3 January 1997, and a certificate of appreciation from the Kuwait Army. 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. He enlisted in the Regular Army on 4 January 1994. 3. His military records contain a DA Form 638 (Recommendation for Award) which shows he was recommended and approved for award of the Army Achievement Medal (AAM), for the period 31 July to 14 August 1999. Part V (Orders Data) of this form does not list an order number and there are no AAM orders in his records. 4. The applicant’s records are void of orders awarding him the AGCM. There is no disciplinary action showing his chain of command disqualified him for award of the AGCM. 5. The Defense Finance and Accounting Service (DFAS) confirms he received hostile fire (HF)/imminent danger pay (IDP) and combat zone tax exclusion (CZTE) pay for Kuwait from 22 August through 3 November 1995 (2 months and 12 days). 6. His DD Form 214 shows he was released from active duty on 3 January 1997 and also shows in: * Item 12c (Net Active Service This Period) – 3 years * Item 12f (Foreign Service) – none * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Lapel Button * National Defense Service Medal * Southwest Asia Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars * Driver and Mechanic Badge with Driver-T Bar 7. Item 18 (Remarks) of his DD Form 214 does not show his service in Kuwait. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the policy on Army awards and decorations. a. The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified. b. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. c. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 635-5 (Separation Documents) at the time stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It is important that information entered on the form be complete and accurate. Chapter 2 contains guidance for preparation of the DD Form 214. It states enter in: a. item 12f the total amount of foreign service completed during a Soldier’s continuous period of active service; and b. item 18 the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service. DISCUSSION: 1. He completed 3 years of active service; however, his record is void of orders awarding him the AGCM. A review of his military service record did not reveal any disciplinary action or a commander's disqualification for award of the AGCM during his active duty enlisted service. Therefore, he meets the criteria for award of the AGCM (1st Award) for the period 4 January 1994 through 3 January 1997. 2. DFAS confirms he received HF/IDP and CZTE pay from 22 August through 3 November 1995 for Kuwait, for a total of 2 months and 12 days. He meets the criteria to have this foreign service added to item 12f and item 18 of his DD Form 214. 3. Army Regulation 635-5 states to enter the name of the country and inclusive dates of deployment for active duty Soldiers in item 18 of the DD Form 214. As a result of his deployment to Kuwait this service should be entered in item 18. 4. His record contains a DA Form 638 awarding him the AAM for the period 31 July to 14 August 1999 for meritorious achievement; however, his record is void of orders awarding him the AAM or the ARCOM. Regulatory guidance requires all awards to be announced in orders. As such, these awards cannot be added to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009217 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009217 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2