IN THE CASE OF: BOARD DATE: 22 July 2022 DOCKET NUMBER: AR20210014367 APPLICANT REQUESTS: correction of his record to show his service in Kuwait. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * ACTS Application Summary, dated 7 September 2021 * SF 603A (Health Record, Dental – Continuation), covering period 22 May 1998 to 30 September 1998 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 that he served in Kuwait from May 1998 to August 1998 with D Company, 3rd Battalion, 8th Cavalry Regiment, and was attached to Task Force 2-7. He provides his dental records showing treatment at 3rd Forward Support Battalion, Kabal, Kuwait in May 1998. 3. The applicant's service record shows: a. On 23 January 1997, the applicant enlisted in the Regular Army. b. DA Form 2-1 (Personnel Qualification Record) shows in: * Item 5 (Oversea Service) – No entry * Item 35 (Record of Assignment) – The applicant was assigned to D Company, 3rd Battalion, 8th Cavalry Regiment, Fort Hood, TX c. On 19 January 1999, a Summary Court- Martial found the applicant guilty of the following charges: (1) Charge I – On or about 6 October 1998, for being absent without authority from his unit until on or about 3 November 1998. (2) Charge II – On or about 21 November 1998, for disobeying a lawful order not to leave the installation without permission. (3) His sentence consisted of confinement for 19 days, a reduction in rank/grade from private private/E-1, forfeiture of $639.00; he did not appeal his punishment. d. DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 17 March 1999, shows the applicant was released from active duty with an under honorable conditions (general) characterization of service. (1) Item 12c (Net Active Service This Period) – 2 years, 0 months, and 12 days. (2) Item 12f (Foreign Service) is void of an entry. (3) Item 18 (Remarks) is void of an entry. (4) Item 28 (Narrative Reason for Separation) – Misconduct. e. The specific dates the applicant served in Kuwait are not available. f. On 21 July 2022, the analyst of record inquired with the Defense Finance and Accounting Service (DFAS) pertaining to the applicant's overseas service in Kuwait. A DFAS official confirmed the applicant served in Kuwait from 16 May – 19 August 1998. 4. The applicant provides SF 603A, covering period 22 May 1998 to 30 September 1998, showing he was treated for a broken tooth at 3rd Forward Support Battalion in Kabal, Kuwait. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. DFAS records confirmed the applicant served in Kuwait; however, the foreign service was not listed on his DD Form 214. The Board determined there is sufficient evidence to grant relief. 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 for the period ending 17 March 1999 by: a. block 12f – adding “00 03 04” b. block 18 – adding "SERVICE IN KUWAIT FROM 19980516 TO 19980819." 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 640-2-1 (Personnel Qualification Records) in effect at the time prescribes instructions for preparing, maintaining, and disposing of the DA Form 2A (Personnel Qualification Record-Enlisted), DA Form 2A (Personnel Qualification Record, Part 1- Enlisted Peacetime and Wartime), DA Form 2-1 (Personnel Qualification Record, Part II), DA Form 2-2 or DA Form 20B (Insert to 'Personnel Qualification Record of Court-Martial Convictions). a. DA Form 2-1 is a continuous feed type form that will permit limited automation. The DA Form 2-1 provides a formal and permanent record of personnel management qualifications for each officer and enlisted member of the Army. U.S. Army Reception Stations, first duty stations (personnel offices servicing unit of assignment), and U.S. Army Reserve units of assignment will prepare DA Form 2-1. b. Item 5 (Overseas Service) states that all oversea service performed under the authority of the Department of Defense will be recorded in this item. In computing length of oversea service, 15 days or more will be credited as a full month. Tour credit recorded for cumulative periods of temporary duty will be credited for the area and country in which the most service was performed. 3. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Item 12f; enter the total amount of foreign service completed during the period covered in block 12c. Obtain the foreign service listed in item 5, DA Form 2-1 for enlisted Soldiers to compute this entry. Item 18; no provision to enter deployment locations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014367 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1