IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160014706 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: 30 May 2018 DOCKET NUMBER: AR20160014706 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 214 as follows: * deleting the current entry in item 12f * adding to item 12f – "0001 02 08" * deleting from item 13 – the Army Good Conduct Medal * adding to item 13 – the Armed Forces Expeditionary Medal, Army Good Conduct Medal (2nd Award), and Korea Defense Service Medal * adding to item 18 – "Service in Southwest Asia (Kuwait) 19960608 – 19960814" 2. The Board further determined that 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: 30 May 2018 DOCKET NUMBER: AR20160014706 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 in Kuwait and his authorized awards for service in Southwest Asia. 2. The applicant states in a separate statement he is an honorably discharged Veteran. Recently he was diagnosed with post-traumatic stress disorder and anxiety disorder. He is receiving medical treatment because his name is on the Gulf War Registry and the Burn Pit Registry. His time in Kuwait should be added to his DD Form 214 so it will show the number of months he served in a combat zone. In addition, his DD Form 214 does not show all his authorized awards for his combat service. 3. The applicant provides – * DA Form 4700 (Medical Record – Supplemental Medical Data) dated 16 August 1996 with history assessment * four Leave and Earnings Statement (LES) for the pay period ending on 30 June 1996, 31 July 1996, 31 August 1996 and 30 September 1996 * applicant's Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) dated 6 March 2015 * VA Forms 21-4138 submitted by James R. dated 10 May 2013 and 10 January 2016 * photograph 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 2 November 1995. 3. Within his electronic personnel record is Permanent Order 399-151, dated 5 December 2001, awarding him the Army Good Conduct Medal (2nd Award). 4. The applicant's DA Form 2-1 (Personnel Qualification Record) contains the following information in item 5 (Overseas Service) – Service in Korea ending on 14 August 2001, 12 months, and permanent change of station. Within this form there is no evidence showing he deployed and served in Southwest Asia. 5. On 2 April 2002 he was released from the Regular Army and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Dorm 214 reflects the following information: * item 12f (Record of Service – Foreign Service) – "0001 00 01" * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Good Conduct Medal * Noncommissioned Officer's Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Driver and Mechanic Badge with Driver (Wheeled) Bar * item 18 (Remarks) – no deployment location or dates of deployment 6. The Defense Manpower Data Center maintains the Desert Shield/Storm Data Base also known as the Gulf War Roster. It contains one record for each individual who participated in-theater from 2 August 1990 to 30 November 1995. A review of the Gulf War Roster shows the applicant served in Southwest Asia from 1 June to 31 August 1995. 7. The applicant's evidence includes: a. a DA Form 4700 dated 16 August 1996 showing he reported no medical problems from his deployment in support of Intrinsic Action 1996. This form was reviewed by a Medical Specialist Corp commissioned officer. b. LESs for the pay periods ending on 30 June 1996, 31 July 1996, 31 August 1996 and 30 September 1996. (1) His 30 June 1996 LES shows effective 1 June 1996 his pay was effected by a tax exclusion authorization. It also shows foreign duty pay and hazardous duty pay/combat zone pay started on 8 June 1996. (2) His 31 July 1996 LES shows he received hostile fire pay and foreign duty pay for the month. (3) His 31 August 1996 LES shows foreign duty pay stopped on 14 August 1996. (4) His 30 September 1996 LES shows hazardous duty pay and combat zone pay stopped on 31 August 1996. c. in his VA statement, dated 6 March 2015, the applicant states he entered active duty on 2 November 1995. His first duty station was at Fort Stewart, Georgia with the 3rd Infantry Division. In June 1996, he and other members of his unit were attached to 64th Armor Battalion to support a deployment to Southwest Asia (Kuwait) for (Exercise) Intrinsic Action. He and the Task Force where stationed at Camp Doha, Kuwait, throughout their deployment. He provides his LESs to verify his service in Kuwait. His DD Form 214 only shows his 1 year of foreign service. d. James R. submitted a statement of support, dated 10 May 2013, wherein he states he deployed with 64th Armor Battalion Task Force in support of "Operation" Intrinsic Action in Kuwait. Upon his return, he transferred to an engineer unit within the Louisiana Army National Guard (LAARNG). With his new unit he deployed to Iraq. He describes a few incidents to support his diagnosis of post-traumatic stress disorder. e. James R. provides a second statement dated 10 January 2016 wherein he says he was stationed at Fort Stewart, Georgia and was in the 3rd Infantry Division. James and the applicant were in the same unit and deployed to Camp Doha, Kuwait in June 1996 and returned in August 1996. 7. A staff member of the Board verified with the applicant that he had no service in Southwest Asia prior to 1996. He pointed out his enlistment date of 2 November 1995 is after the dates of service shown on the Gulf War Roster. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions stated: a. use the Enlisted Record Brief and orders to verify the entries on the DD Form 214; b. enter the total amount of foreign service completed during the period covered in item 12f; c. to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 in item 13; and d. for an active duty Soldier deployed with his or her unit during their continuous period of active duty, enter the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)" in item 18. 2. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) 3. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Table 2-3 shows the area of eligibly and operations authorized this medal which includes Exercise Intrinsic Action for the period from 1 December 1995 to 15 February 1997. 4. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to Servicemembers of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Servicemembers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 5. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995. 6. Department of Defense (DOD) Number 7000.14-R (Financial Management Regulation) Volume 7a, Chapter 10 states hostile fire pay and imminent danger pay are authorized entitlements. A member may be paid special duty pay for duty subject to hostile fire or imminent danger for any month a member, while entitled to basic pay for active duty, meets the qualifying criteria. Members will receive the maximum monthly rate of special pay for the month in which the event occurred or deployed to a designated geographical area. Payment will be made for the full month. The appropriate command will certify that the member has met the requirements for entitlement to special pay for a given month. DISCUSSION: 1. As the applicant enlisted in the Regular Army on 2 November 1995, his deployment data on the Gulf War Roster is questionable. As such, his LESs will be used to determine his foreign service in Southwest Asia. 2. The applicant provided his LESs showing he received foreign duty pay from 8 June 1996 to 14 August 1996, a period of 2 months and 7 days. DOD Number 7000.14-R states hostile fire pay and imminent danger pay are paid for the full month and will not be prorated. 3. Based on the evidence presented in his LESs, his total foreign service should be 1 year, 2 months and 8 days. Regulation requires the entry of total foreign service and the location and dates of deployed service on the DD Form 214. 4. Eligibility for the Southwest Asia Service Medal ended on 30 November 1995, thus he is not entitled to this service medal. Upon review he is eligible for the Armed Forces Expeditionary Medal, specifically for his direct support to Exercise Intrinsic Action. His record contained an order awarding him a second Army Good Conduct Medal. It appears the second award was omitted from his DD Form 214. 5. The applicant served in Korea during a period qualifying for award of the Korea Defense Service Medal; however, this award is not reflected 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) AR20160014706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014706 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2