BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016400 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 BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016400 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 adding to item 18 of his DD Form 214 the entry: "SERVICE IN KUWAIT FROM 19991215–20000420." 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 foreign service in Iraq. ____________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. BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016400 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. 2. The applicant states that he deployed and served in Kuwait and Iraq during 1999–2000; however, his DD Form 214 does not show this information. He also states that item 18 (Remarks) of his DD Form 214 indicates, "Separated from Service on Temporary Records and Soldier's Affidavit" and "DD Form 215 [Correction to DD Form 214] Will Be Issued to Provide Missing Information or to Correct Any Information." 3. The applicant provides a copy of his Defense Finance and Accounting Service (DFAS) Form 702 (Leave and Earnings Statement) and 4 pages of photographs. 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 (RA) on 15 October 1996 for a period of 3 years. He was: * awarded military occupational specialty 11M (Fighting Vehicle Infantryman) * assigned to Company C, 2nd Battalion, 7th Infantry, Fort Stewart, GA, on 20 February 1997 * promoted to specialist (E-4) on 1 June 1998 3. He reenlisted in the RA on 4 November 1998 for a period of 6 years. 4. The applicant's DA Form 2-1 (Personnel Qualification Record), in pertinent part, shows in item 5 (Oversea Service): Kuwait from 15 December 1999 through 20 April 2000. 5. The applicant's DD Form 214 shows he entered active duty this period on 15 October 1996 and he was honorably discharged on 1 August 2001. He had completed 4 years, 9 months, and 17 days of total active duty service this period. It also shows, in pertinent part, in: * item 12 (Record of Service), block f (Foreign Service): 0000 (Years), 04 (Months), 06 (Days) * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal * Army Good Conduct Medal * Armed Forces Expeditionary Medal [Southwest Asia] * Army Service Ribbon * Army Lapel Button * item 18 (Remarks), no entry showing he deployed to a foreign country during this period of active service 6. In support of his application the applicant provides the following documents: a. His Leave and Earnings Statement for the month of December 1999 that shows, in pertinent part, he was authorized Hazardous Duty Pay ($6.50) starting 16 December 1999 and Hostile Fire Pay ($150.00). b. Four pages of 14 photographs. Twelver (12) of the photographs show (presumably) the applicant, along with other Soldiers, in camouflage uniforms in a desert environment. 7. DFAS confirmed the applicant received hostile fire pay/imminent danger pay and combat zone tax exclusion from 1 December 1999 through 19 April 2000 for Kuwait. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It contains item-by-item instructions for completing the DD Form 214. It shows for item 18, for an active duty Soldier deployed with his/her unit to a foreign country during their continuous period of active service enter: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show his foreign service in Kuwait/Iraq. 2. His DA Form 2-1, item 5, shows he served in Kuwait from 15 December 1999 through 20 April 2000. a. The available evidence of record fails to show he served in Iraq. b. His DD Form 214 shows in item 12, block f, that he was credited with completing 4 months and 6 days of foreign service. c. Item 18 of his DD Form 214 does not show his overseas service in Kuwait. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016400 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016400 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2