IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150014495 BOARD VOTE: ____X_____ ___X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20150014495 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * deleting from item 12f of the applicant's DD Form 214 the entry "0000-00-00" and adding the entry "0000-04-13" * adding to item 18 of the applicant's DD Form 214 the entry "Service in Kuwait 19960402-19960814" _____________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: 22 September 2016 DOCKET NUMBER: AR20150014495 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 in 1996. 2. The applicant states he served in Kuwait from 1 April 1996 to 15 August 1996, with U.S. Central Command, supporting contingency operations (Intrinsic Action). His DD Form 214 does not reflect this deployment. 3. The applicant listed the following documents but they were not received with his application: * Letter from his commander * Pay stub for Hostile Fire Pay * Post-marked envelope sent to his family 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 enlisted in the Regular Army on 29 August 1995 and he held military occupational specialty 11C (Indirect Fire Infantryman). He was assigned to the 1st Battalion, 64th Armor, Fort Stewart, GA. 3. He was discharged in lieu of court-martial on 24 June 1998. His DD Form 214 shows he completed 2 years, 8 months, and 9 ays of active service, and he had lost time from 24 October 1997 to 9 December 1997. It also shows in: * Item 12f (Foreign Service) – the entry "0000-00-00" * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, Expert Marksmanship Qualification Badge with Mortar Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 18 (Remarks) no service in a hostile file/imminent danger pay (HF/IDP) or combat zone tax exclusion (CZTE) 4. The Defense Finance and Accounting Service confirmed the applicant received HF/IDP and CZTE from 2 April 1996 to 14 August 1996 for service in Kuwait. REFERENCE: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" DISCUSSION: 1. The applicant's pay records show he served in Kuwait from 2 April 1996 to 14 August 1996 for a total of 4 months and 13 days of foreign service. Although these dates are slightly different from the dates he claims, Item 12f of his DD Form 214 did not capture his foreign service. 2. Additionally, the regulation states for a Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)" is entered in item 18. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014495 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014495 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2