ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20190007284


APPLICANT REQUESTS: correct his records to show he completed combat tours in Iraq and Kuwait.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* Orders C-04-290583 
* Veterans Affairs (VA) Claim XXX_XX_6605
* DD Form 2860 (Claim for Combat Related Special Compensation)

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 (ABCMR) 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. he requests his military records be corrected to reflect he completed tours of combat in Iraq and Kuwait.  At the time he was assigned to the 912th Mobile Army Surgical Hospital unit out of Johnson City, TN.  He is re-petitioning the board to correct his service records to include the service detailed above.  Once his records have been updated, he believes the board will have adequate reason to grant his request for Combat Related Special Compensation (CRSC).  He has been trying to get this approved since 2012.  He reports he is a 100% disabled veteran, and he suffers daily. He asks the Board to please correct and grant his request.  
 
     b.  he submitted a claim for CSRC and is requesting a correction to his military records showing his deployment to Iraq and Kuwait to validate his claim and get his CRSC approved. 


3.  The applicant provided:

* DD Form 214 Block 18 (Remarks) showing his service in the Southwest Asia from 13 January 1991 to 11 July 1991
* retirement orders showing he retired on 31 August 2002
* VA claim showing he is considered totally and permanently disabled due solely to his service connected disabilities

4.  A review of the applicant’s records show:

* 17 February 1981 – he enlisted in the Regular Army (RA) and was honorably discharged on 16 February 1985
* 21 May 1985 – he transferred to the United States Army Reserves (USAR) 
* 21 November 1990 - his health records show he was placed on active duty for Desert Storm 
* he was deployed from 13 January 1991 to 16 July 1991, his principle place of duty while deployed was Kuwait 
* 7 March 2001 – he received his 20 year retirement letter
* 31 August 2002 – he retired from USAR

5.  Army Regulation 635-5 (Separation Documents) states the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his/her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) from (inclusive dates for example, YYMMDD-YYMMDD)."  

6.  If a former Service member has been denied under CSRC I, they must apply under CSRC II before they can apply to the ABCMR.  If the former service member feels there is an error in their military record or in the CRSC II decision that resulted in the denial of the CRSC, the former Service member may apply to the ABCMR with a DD Form 149 and include a copy of the CRSC decision and documents or evidence to prove that an error or injustice exist.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board considered his statement and the DD Form 214 he was issued upon retirement.  The Board noted that item 18 reflects his service in Southwest Asia and award of the Kuwait Liberation Medal (K).  The Board did not find evidence of service in Iraq or that his submission for CRSC II has been denied.  The Board found by preponderance of evidence that a correction of his foreign service was justified; there was no other error or injustice.

2.  After reviewing the application and all supporting documents, the Board found that partial relief was 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 amending his DD Form 214 ending on 31 August 2002 by adding to item 12f (Foreign Service) the entry 5 months, 28 days" and adding to item 18 (Remarks) ""Service in Kuwait from 19910113-19910711."   


	 
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):

Not Applicable



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 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) states the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available. For an active duty Soldier deployed with his/her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) from (inclusive dates for example, YYMMDD-YYMMDD)."  

ABCMR Record of Proceedings (cont)	 AR20190007284
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