IN THE CASE OF: BOARD DATE: 7 November 2018 DOCKET NUMBER: AR20160014270 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: 7 November 2018 DOCKET NUMBER: AR20160014270 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: a. deleting the entry "0000 00 00" from item 12f of his DD Form 214; b. adding to item 12f of his DD Form 214 the entry, "000 05 08"; c. adding to item 13 of his DD Form 214 the entry “Armed Forces Expeditionary Medal”; and d. adding to item 18 of his DD Form 214 the statement "SERVICE IN KUWAIT 19980224 – 19980704." ___________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: 7 November 2018 DOCKET NUMBER: AR20160014270 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, in effect, correction of Item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Kuwait for the period 24 February to 4 July 1998 as well as any awards he is entitled to. 2. The applicant states his last unit failed to update the information. 3. The applicant provides a copy of his DD Form 214 and Enlisted Record Brief (ERB). 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 12 August 1997. 3. On 11 August 2000, the applicant was honorably released from active duty. His DD Form 214 contains the following information: a. item 12f does not show he served overseas. b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Good Conduct Medal, Army Service Ribbon, Army Lapel Button, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar. b. item 18 (Remarks) does not include a statement pertaining to service in Kuwait. 4. The applicant provides a copy of his ERB dated 12 May 2000. Section L (Deployment History) of his ERB shows he deployed to Kuwait from 24 February to 4 July 1998, a period of 5 months and 8 days. The available records do not show the reason for his deployment. 5. During the processing of this case, the Defense Finance and Accounting Service reviewed his Master Military Pay Account (MMPA) and verified he served in Kuwait during the period in question. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, 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 the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Chapter 2 contains guidance on the preparation of the DD Form 214 and states: a. the total amount of foreign service completed during the period of active service covered by the DD Form 214 will be entered as "YYYY MM DD" in item 12f of the form; and b. for item 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 (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered. 2. Army Regulation 600-8-22 (Military Awards) provides criteria for several awards related to service in Kuwait. The Armed Forces Expeditionary Medal was authorized for several operations in Kuwait during 1998. DISCUSSION: 1. The applicant provided a copy of his ERB which shows he deployed to Kuwait from 24 February to 4 July 1998, a period of 5 months and 8 days. 2. A query of the applicant's MMPA revealed he received pay or entitlements associated with a deployment to Kuwait during the period in question. This foreign service was not annotated on his DD Form 214. 3. The Armed Forces Expeditionary Medal was authorized for several operations in Kuwait during 1998. The available records do not confirm the purpose of the applicant’s deployment to 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) AR20160014270 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014270 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2