BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000397 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 BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000397 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending block 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 2003 by adding the entry "SERVICE IN KUWAIT FROM 20010419 - 20010812." ___________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: 18 May 2017 DOCKET NUMBER: AR20160000397 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), for the period ending 30 August 2003, to show his foreign service in Kuwait. 2. The applicant states he needs his DD Form 214 to show he deployed to Kuwait from April 2001 through August 2001. This foreign service was not listed in the remarks section for some unknown reason; probably oversight by clerical staff. 3. The applicant provides copies of: * Permanent Orders 071-01, issued by Headquarters 1st Calvary Division, Fort Hood, TX on 12 March 2001, with personnel manifest * DA Form 4980-18 (Army Achievement Medal (AAM) Certificate), annotated as Permanent Orders Number 207-06, issued by Headquarters, 3rd Battalion, 8th Calvary Regiment, 1st Cavalry Division on 26 July 2001 * Desert Voice news story, with pictures, dated 1 August 2001 * DA Form 638 (Recommendation for Award) and DA Form 4980-14 (Army Commendation Medal (ARCOM) Certificate), both annotated as Permanent Orders Number 203-02, issued by Headquarters and Headquarters Detachment, Engineer Brigade, 1st Cavalry Division on 30 July 2003 * DD Form 214, for the period ending 30 August 2003 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 31 August 1999. 3. Defense Finance and Accounting Service (DFAS) records confirm the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 19 April 2001 through 12 August 2001. 4. The applicant provides: a. Permanent Orders 071-01, issued by Headquarters 1st Calvary Division on 12 March 2001, which shows his unit deployed to Kuwait from on or about 13 April 2001 through on or about 21 August 2001. b. Permanent Orders Number 207-06, issued by Headquarters, 3rd Battalion, 8th Calvary Regiment, 1st Cavalry Division on 26 July 2001, which shows he was awarded the AAM for meritorious achievement while deployed in support of Operation Desert Spring, Intrinsic Action 01-02, from 16 April 2001 through 16 August 2001. c. Desert Voice news story with pictures, dated 1 August 2001, which shows the applicant preparing a vehicle for a turn-in upon redeployment from Kuwait. d. A DA Form 638 and ARCOM Certificate, both annotated as Permanent Orders Number 203-02, issued by Headquarters and Headquarters Detachment, Engineer Brigade, 1st Cavalry Division on 30 July 2003, which show he was awarded the ARCOM for exceptionally meritorious service during the period 19 January 2000 through 1 August 2003. The DA Form 638 cites his deployment in support of Operation Desert Spring 01 as a justification for the award. 5. The applicant was honorably released from active duty on 30 August 2003. Block 18 (Remarks) of his DD Form 214 does not contain an entry that indicates he deployed in support of any named operations. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides standardized policy for the preparation of the DD Form 214. Preparers of the DD Form 214 will use Block 18 to show an entry for an active duty Soldier who deployed to a foreign country with his or her unit during their continuous period of active service by entering the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his foreign service in Kuwait was carefully considered. He contends the deployment was not added to his DD Form 214. 2. DFAS records confirm the applicant received HF/IDP and CZTE for service in Kuwait from 19 April 2001 through 12 August 2001. However, this period of foreign service in Kuwait was not entered in Block 18 of 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) AR20150010975 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000397 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2