ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20170018162 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add her: * deployment to Kuwait in support of Operation Desert Strike * Army Achievement Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2166-7 (NCO Evaluation Report) (NCOER), period covered February 1997 to June 1997 * DA Form 638 (Recommendation for Award), period of award from 30 November 1996 to 6 December 1996 * friend letter of reference * Certificate of Achievement 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 states: a. Her service record is void of documentation indicating her deployment to Kuwait with Company C, 215th Forward Support Battalion (FSB), 1st Cavalry Division, in support of Operation Desert Strike for the period of on or about September 1996 to 15 December 1996. b. She did not receive the Army Achievement Medal for the period of service 30 November 1996 to 6 December 1996 that she was recommended for upon completion of her deployment in Kuwait. 3. The applicant provides: a. A DA Form 2166-7, Change of Rater NCOER, period covered from February 1997 thru June 1997, while assigned to Company C, 215th FSB, 1st Cavalry Division, Fort Hood, TX, shows in Item d (Areas of Special Emphasis) of Part III (Duty Description), the applicant was required to focus on redeployment operations back to Fort Hood, TX and preparation for a change of command. b. A DA Form 638 contains missing or discrepant information in the following areas: * missing data in blocks 1 (To), 2 (From), and 3 (Date) * missing entry in block 8 (Previous Awards) * missing signature/date in blocks 22a (Signature) and 22b (Date) * missing data in blocks 23a (To), 23b (From), and 23c (Date) * missing data in blocks 24a (To), 24b (From), 24c (Date), 24e (Name), 24f (Rank), and 24g (Title/Position), but contains a signature in block 24h * missing data in blocks 26a – 26i, which is required to be completed by the approval authority in accordance with Army Regulation (AR) 600-8-22 (Military Awards) * Part V – (Orders Data) contains the applicable orders issuing data for an approved award of an Army Achievement Medal, and is dated 7 January 1997 c. A reference letter was provided by a friend who served with the applicant in Kuwait. Within the letter, the friend verified the applicant deployed with her to Kuwait from 20 September 1996 to 15 December 1996. d. A Certificate of Achievement, signed by the brigade commander, awarded to the applicant from 3rd Brigade Combat Team for service in support of Operation Desert Strike, Kuwait from September 1996 to December 1996. 3. A review of the applicant’s service record shows: a. Having had prior service, the applicant enlisted in the Regular Army on 4 October 1994 and attained the rank/grade of sergeant/E-5. b. Her DA Form 2-1 (Personnel Qualification Record – Part II), Item 5 (Oversea Service), is void of information related to her deployment to Kuwait. Item 9 (Awards, Decorations, & Campaigns), shows she was authorized or awarded: * National Defense Service Medal * Army Service Ribbon * NCO Professional Development Ribbon * Army Achievement Medal (2nd Award) c. Item 35 (Section VII – Current and Previous Assignments), is void of information related to her deployment to Kuwait. d. DA Form 2166-7, Change of Rater NCOER, period covered the rating period August 1996 thru January 1997 while assigned to Company C, 215th FSB, 1st Cavalry Division, Fort Hood, TX, shows in Item d (Areas of Special Emphasis) of Part III (Duty Description), the applicant was, in effect, required to prepare for “Intrinsic Action in Kuwait. e. The applicant was honorably discharged from active service on 3 October 1997. She served a total of 3 years during this period. Her narrative reason for separation was completion of required active service. Her DD Form 214 show sin: * Item 12f (Foreign Service) – zero foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer’s Professional Development Ribbon, Army Service Ribbon, and Army Label Button * Item 18 (Remarks) does not mention any deployments to Kuwait 4. By regulation 635-8, when processing the DD Form 214, for: * Item 12f, enter the total amount of service performed outside the continental United States during the period covered by the DD Form 214 * Item 13, list all federally recognized awards for all periods of service * Item 18, for an active duty Soldier deployed with his unit, enter the dates and country of deployment 5. By regulation (AR 600--8-22), award of the Army Achievement Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board determined that the applicant deployed to Kuwait from 20 September 1996 to 15 December 1996 and that deployment is not currently reflected on her DD Form 214; as a result, the Board recommended granting that portion of the request. However, based upon the DD 638 for the Army Achievement Medal not being signed by an authorized approving official, the Board determined that relief for the AAM was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 * adding the statement “Service in Kuwait from 20 September 1996 to 15 December 196” * changing block 12f to read: 00 02 27 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. 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 (AR) 635-8 (Separation Processing and Documents) governs the preparation of the DD Form 214. a. Block 12f: Foreign Service. Enter the total amount of service performed outside the continental United States (OCONUS) during the period covered in block 12c. In addition, list periods of deployed service in block 18. b. Block 13: Decorations Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized. List all federally recognized awards and decorations for all periods of service. c. Block 18: Remarks. For an active duty Soldier deployed with his/her unit, enter the dates and country of deployment. 3. AR 600-8-22 (Military Awards, in effect at the time, governed the eligibility and award authority of all awards and decorations issued to members of the U.S. Army. Paragraph 3-19b states the Army Achievement Medal is awarded to members of the Armed Forces of the United States who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the Army Commendation Medal. ABCMR Record of Proceedings (cont) AR20170018162 4 1