IN THE CASE OF: BOARD DATE: 16 August 2021 DOCKET NUMBER: AR20210007337 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Defense (DoD) Military Service Information Report * third-party statement * Task Force 1-15, 3rd Infantry Division Intrinsic Action information paper FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 he served in Kuwait from 1 April to 31 August 1999 in support of Operation Intrinsic Action. 3. The applicant enlisted in the Regular Army on 16 January 1997. 4. The Defense Finance and Accounting Service confirmed the applicant received hostile fire/imminent danger pay for service in Kuwait from 13 April to 8 August 1999. 5. The applicant was released from active duty on 7 April 2001. His DD Form 214 does not show his service in Kuwait in block 18 (Remarks). 6. The applicant provided a DoD Military Service Information Report and a third party statement, provided by a former member of his unit, indicating he served in Kuwait from 1 April to 31 August 1999. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. 2. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. Based on documentation available for review to include DoD military service information and DFAS deployment verification of foreign service in Kuwait, the Board found sufficient evidence to warrant a correction to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : 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 issuing the applicant a new DD Form 214 for the period ending 7 April 2001 by * Amending block 18 (Remarks) to show the entry “SERVICE IN KUWAIT FROM 19990413 – 19990808. 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 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), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for the preparation of the DD Form 214. The regulation states that in block 18 of the DD Form 214, for an active duty Soldier deployed to a foreign country 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-YYYYMMDD)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007337 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1