ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  30 April 2019

	DOCKET NUMBER:  AR20170002235


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 March 2001 to show his deployment to Kuwait from December 1998 through April 1999.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Permanent Orders 336-9, dated 2 December 1998
* Defense Finance and Accounting Service (DFAS) Leave and Earnings Statements (LES) for the periods covering April 1998 to April 1999
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant enlisted in the Regular Army on 31 March 1998.      

3.  The applicant was honorably released from active duty on 31 March 2001 by reason of completion of required active service.  His DD Form 214 shows in:

     a.  Item 12f (Foreign Service), the entry "0000 00 00."

     b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the following entries:

* Army Good Conduct Medal
* Army Service Ribbon
* Army Lapel Button 
* Expert Marksmanship Badge with Grenade Bar
* Marksman Marksmanship Badge with Rifle Bar
     c.  Item 18 (Remarks), does not contain an entry indicating he served in Kuwait. 

4.  A review of his record contains Permanent Orders #089-24, issued by Headquarters, 3d Battalion, 15th Infantry (Mechanized) awarding him the Army Achievement Medal for meritorious service during Intrinsic Action 99-01 while assigned to A Battery, 
1st Battalion, 9th Field Artillery, Fort Stewart, GA on 30 March 1999. 

5.  DFAS records show he received hostile fire/imminent danger pay (HF/IDP) for service in Kuwait from 1 December 1998 through 30 April 1999, a period of 5 months.

6.  The applicant provides:

     a.  Permanent Orders 336-9, issued by Headquarters, 3d Infantry Division (Mechanized) and Fort Stewart, dated 2 December 1998 ordering the 3d Battalion, 15th Infantry (Mechanized) and its supporting elements to deploy to Kuwait for Intrinsic Action 99-01 on or about 10 December 1998.  (This order does not list the applicant by name or contain a personnel roster).  

     b.  Copies of his LESs covering April 1998 to April 1999 from DFAS, which shows he received HF/IDP pay for the months of December 1998 through April 1999.  

7.  The applicant's service in Kuwait is not shown in item 12f or item 18 of his DD Form 214 as prescribed within Army Regulation 635-5 (Separation Documents), dated 15 September 2000.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the documentary evidence presented by the applicant and found within the service record showing he served in Kuwait during his term of service, the Board concluded that granting the relief sought by the applicant was appropriate.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 

* adding the statement “Service in Kuwait from 10 December 1998 to 14 April 1999”
* changing block 12f to read:  00 04 04

2.  Prior to closing the case, the Board noted the administrative note below by the analyst of record and record that addition also be completed to more accurately depict the military service of the applicant.

	 
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant's record shows he was authorized an award not listed on his 
DD Form 214.  As a result, amend his DD Form 214, for the period ending 30 March 2001, by adding the Army Achievement Medal (1st Award) promulgated by Permanent Orders #089-24 issued by Headquarters, 3d Battalion, 15th Infantry (Mechanized), Fort Stewart, GA, dated 30 March 1999.      




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.   Army Regulation 635-5 (Separation Documents), dated 15 September 2000, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for 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 service.  It provides a brief, clear-cut record of active Army 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.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It states for:

     a.  Item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214.

     b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter all awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) verifying each entry by the Soldier's records.  

     c.  Item 18 (Remarks), 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-YYMMDD)."



ABCMR Record of Proceedings (cont)	 AR20170002235
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