IN THE CASE OF:   
BOARD DATE:  23 August 2021 
DOCKET NUMBER:  AR20210006926 


APPLICANT REQUESTS:  an additional two days of foreign service credit. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Self-Authored Statement

•Officer Record Brief (ORB)

•Orders 306-45 dated 31 October 2001

•DA Form 4600 (Travelope)

•Snapshot Passenger Processing

•Excerpt Army Regulation (AR) 614-30 (Overseas Service)

•DD Form 214 (Certificate of Release or Discharge from Active Duty)



FACTS: 

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

2.The applicant states Block 18 (Remarks) of the DD Form 214 reflect his service inKuwait from 16 November 2002 to 11 May 2003.  It should be corrected to show hisservice in Kuwait started in on 14 November 2002.  The departure date is incorrectbecause it actually reflects his arrival date in Kuwait, 16 November 2002.  It shouldreflect his Continental U.S. (CONUS) departure date of 14 November 2002, making thetotal creditable period from 14 November 2002 through 11 May 2003.  AR 614-30,dated 22 December 2016, Table 3-3, Rule #1 states in part that creditable time “startson the day of departure from a CONUS port for overseas service…”

3.The applicant provides:

a.The below listed documents to be referenced in his service record:

•ORB


•Orders 306-45 dated 31 October 2001

•DD Form 214







b. A DA Form 4600, dated 10 October 2002, shows the Port of Call as .  Block 4a (Instruction) listed his departure as 14 November 2002, 2150 hours with an arrival of 16 November 2002 at 0020 hours.  A portion of a boarding listed the destination as Kuwait. c. A snapshot of a “Passenger Processing” site shows a return from Kuwait to Baltimore with an estimated time of arrival (ETA) of 11 May 2003, 2205 hours. d. An excerpt AR 614-30 which the applicant references in his statement.  The applicant indicated AR 614-30, dated 22 December 2016, Table 3-3, Rule #1 states in part that creditable time “starts on the day of departure from a CONUS port for overseas service.” 

4.A review of the applicant’s service record shows:

a.Having had prior enlisted service, he was appointed as a Reserve commissionedofficer on 16 October 1987 and executed an oath of office on the same day. 

b.Orders 128-1-A-463, dated 14 October 1987, ordered the applicant to active dutywith an effective date of 16 October 1987, the date of his commission. 

c.Orders 304-45, dated 31 October 2002, deployed the applicant to Kuwait for aperiod of approximately 179 date with a proceed date of 14 November 2002. 

d.His ORB shows his foreign service includes:

•Germany from 5 October 1989 1 December 1991

•Saudi Arabia from 1 December 1990 to 1 June 1991

•Germany from 17 March 1993 to 1 June 1994

•Germany from 19 July 1994 to 3 May 1996

•Kuwait from 14 November 2002 to 11 May 2003

•Saudi Arabia from 6 August 2003 to 6 August 2004



e.Orders 264-0001, dated 21 September 2017, released the applicant from activeduty with an effective date of 31 October 2017. 

f.He was honorably retired from active duty on 31 October 2017.  His DD Form 214shows he completed 30 years and 15 days of active service.  Block 18 (Remarks) also shows “service in Kuwait from 20021116-20030511.” 

5.By regulation (AR 635-8), the DD Form 214 is a summary of the Soldier's mostrecent period of continuous active duty.  It provides a brief, clear-cut record of all currentactive, prior active, and prior inactive duty service at the time of release from activeduty, retirement, or discharge.  The information entered thereon reflects the conditionsas they existed at the time of separation.  For Block 12f (Foreign Service) enter the totalamount of service performed outside the continental United States (OCONUS) duringthe period covered in Block 12c (Net Active Service This Period).

BOARD DISCUSSION: 

After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered applicant’s contentions, military record, and regulatory guidance. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. 









BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:X :X :X GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 
: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented 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 reissuing him a DD Form 214 for the period ending 31 October 2017 by amending to show: 

•(Block 12f):  change to reflect "0008 07 13"•(Block 18)  Remove:  "Service in Kuwait 20021116 - 20030511"•(Block 18)  Add:  "Service in Kuwait/Iraq 20021114 to 20030511"





Microsoft Office Signature Line...
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, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so.

2.Army Regulation 635-8 (Separations Processing and Documents) states the DDForm 214 is a summary of the Soldier's most recent period of continuous active duty.  Itprovides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  For Block 12f (Foreign Service) enter the total amount of service performed outside the continental United States (OCONUS) during the period covered in Block 12c (Net Active Service This Period). 

//NOTHING FOLLOWS//