IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160001817 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 November 2017 DOCKET NUMBER: AR20160001817 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 212 for the period ending 22 August 1999 as follows: a. replace the entry in item 12f with "0001 03 05"; b. add to item 13 the Army Achievement Medal and Korea Defense Service Medal; and c. add to item 18 the entry "SERVICE IN KUWAIT FROM 19981218 - 19990322." 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 any relief in excess of that described above. ___________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 November 2017 DOCKET NUMBER: AR20160001817 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 4 months of foreign service in Kuwait during exercise Intrinsic Action 99-01. He also requests that item 18 (Remarks) to show service in Kuwait from December 1998 to April 1999. 2. The applicant states that he has enclosed a copy of his award for duty during Intrinsic Action 99-01 (an exercise conducted in Kuwait). 3. The applicant provides a Certificate of Achievement, dated 15 April 1999, and his DD Form 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 enlisted in the Regular Army on 23 August 1994. He served in Korea from 29 November 1996 to 28 November 1997. 3. His record contains a DA Form 638 (Recommendation for Award), dated 22 March 1999, showing he was recommended for award of the Army Commendation Medal for the period 18 December 1998 to 22 March 1999. a. The block "Achievement #4" includes the statement "[Applicant] remained motivated throughout the Intrinsic Action 99-01 deployment." b. The proposed citation shows the award was to be for his meritorious service during Intrinsic Action 99-01. c. The recommendation was downgraded to an Army Achievement Medal. Award of the Army Achievement Medal was announced in orders issued on 5 April 1999. 4. An Army Achievement Medal Certificate, dated 5 April 1999, shows he was awarded the Army Achievement Medal for meritorious service during Intrinsic Action 99-01. 5. He was honorably released from active duty on 22 August 1999 at the completion of required active service. 6. His DD Form 214 shows the following information: * Item 12f (Foreign Service) – the entry "0001 00 00" indicating he completed one year of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Army Lapel Button, Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Item 18 (Remarks) – no entry indicating he was deployed to Kuwait 6. He provided a Certificate of Achievement, dated 15 April 1999, which shows he was commended for his outstanding performance of duty during exercise Task Force China Intrinsic Action 99-01. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated for: a. Item 12f, enter the total amount of foreign service completed during the period covered by the DD form 214. b. Item 13, list awards and decorations for all periods of service as verified by the Soldier's records. b. Item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 2. Army Regulation 600-8-22 (Military Awards) provides Army policy governing decorations and awards. The regulation provides that the Korea Defense Service Medal is awarded for service in Korea during the period 28 July 1954 to a date to be determined by the Secretary of Defense. Service members assigned, attached, or mobilized to units operating in Korea for 30 consecutive or for 60 nonconsecutive days are eligible for this award. DISCUSSION: 1. The applicant's record contains an award recommendation and award certificate confirming he was deployed to Kuwait during the period 18 December 1998 to 22 March 1999, a period of 3 months and 5 days. This foreign service is not reflected in items 12f and 18 of his DD Form 214. 2. He states he served in Kuwait for 4 months, but the best available records indicate his period of service in Kuwait was 3 months and 5 days. 3. The Army Achievement Medal he was awarded for service in support during Intrinsic Action 99-01 was not recorded on his DD Form 214. 4. He is authorized the Korea Defense Service Medal, which is not shown on 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) AR20160001817 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001817 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2