ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 December 2021 DOCKET NUMBER: AR20210009600 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Kuwait. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 15 September 2020 * Leave and Earnings Statements, December 2002 – December 2003 * DD Form 2796 (Post Deployment Health Assessment), 17 September 2003 * Veteran Affairs (VA) Form 21-4138 (Statement in Support of Claim), 15 September 2020 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 his Leave and Earnings Statement (LES) shows that he was paid for family separation and combat zone pay beginning 1 February 2003 and ending 21 August 2003. His overseas time is not reflected on his DD Form 214, which has made obtaining VA benefits difficult. 3. On 23 July 1999, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 31F (MSE Network SW System Operator). 4. Following completion of MOS training he was assigned to Headquarters and Headquarters Command, Company A, 369th Signal Battalion, 15th Signal Brigade, Fort Gordon, GA. 5. His Enlisted Record Brief shows in Overseas Duty – “None.” 6. The applicant provided: a. Multiple LES’s for the period December 2002 to December 2003. His LES’s show he received imminent danger pay from March 2003 to August 2003 (effective date is not legible). The applicant also received family separation allowance from 2 March 2003 to August 2003. b. a DD Form 2796 (Post Deployment Health Assessment), 17 September 2003, that shows, in part, the applicant annotated his country of deployment as Kuwait, and his dates in theater from 18 February 2003 to 29 August 2003. c. a DA Form 2166-8 (NCO Evaluation Report) for the period March to September 2003 which shows in part IV (Values/NCO Responsibilities) the applicant – * demonstrated superb technical knowledge during Operation Enduring/Iraqi Freedom * provided communication to 4th Infantry Division commanders with a 95% call completion rate while deployed to Operation Iraqi Freedom 7. On 30 November 2003, he was honorably released from active duty. His DD Form 214 shows he completed 4 years, 4 months and 8 days of service. It also shows in: a. item 12f, no foreign service. b. item 13, the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar c. Item 18, no listing of any deployments 8. On 1 December 2003, he entered the U.S. Army Reserve, and on 5 September 2006, he was honorably discharged from the U.S. Army Reserve. 9. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The regulation provides instructions for completing the following items on the DD Form 214: * Item 12f, enter the total amount of service performed outside the continental Unites States during the period covered by the DD Form 214 * Item 13, list all federally recognized awards and decorations for all periods of service * Item 18, for active duty Soldiers deployed with their unit during their continuous period of active service, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive date)” BOARD DISCUSSION: 1. After reviewing the application and supporting documentation, the Board found relief is warranted. 2. The Board found the evidence provided by the applicant and evidence in his service record confirms he was deployed to Kuwait in support of Operations Enduring Freedom/Iraqi Freedom. The Board further found the dates of deployment he provided on his Post-Deployment Health Assessment (18 February 2003 to 29 August 2003) to be an accurate account of his deployment period. The Board determined his DD Form 214 should be corrected to reflect this deployment and any additional service medals he is authorized. 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: 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 as follows: * Add to item 12f – 0000 06 12 * Add to item 13 – Global War On Terrorism Expeditionary Medal/Global War on Terrorism Service Medal * Add to item 18 – Service in Kuwait from 20030218 to 20030829 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 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 DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The specific instructions for: * Item 12f, enter the total amount of service performed outside the continental Unites States during the period covered by the DD Form 214 * Item 13, List all federally recognized awards and decorations for all periods of service * Item 18, for active duty Soldiers deployed with their unit during their continuous period of active service, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (beginning date) TO (end date)” 3. Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal. 4. Army Regulation 600-8-22 states the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001 to a date to be determined. Service members must be assigned, attached, or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility, or meet other, specified criteria. The area of eligibility for the Global War on Terrorism Expeditionary Medal includes Kuwait. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009600