IN THE CASE OF: 

		BOARD DATE: 14 June 2023

		DOCKET NUMBER: AR20230005056


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show his foreign service in Kuwait from 
1 April to 30 September 2003.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Defense Military Service Information

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
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 enlisted in the Regular Army on 12 June 2002. He completed training 
and he was awarded military occupational specialty 13P (MLRS Operations/Fire 
Direction Specialist).

3.  The applicant meets the criteria for awards not currently reflected on his DD Form 
214. These awards will be addressed through an administrative correction without 
action by the Board.  

4.  The applicant provides a copy of his Department of Defense Military Service 
Information which shows he deployed to Kuwait for the period 1 April to 30 September 
2003 (a period of 6 months).

5.  On 5 November 2003, he was honorably discharged after completing 1 year, 4 
months, and 24 days of net active service. The DD Form 214 he was issued does not 
show any foreign service in block 12f (Foreign Service) nor does it refer to 
foreign/deployed service in item 18 (Remarks). The form further shows he was awarded 
or authorized the:

*	National Defense Service Medal
*	Army Service Ribbon
*	Marksman Marksmanship Qualification Badge with Rifle Bar

6.  The applicant's record is void of any evidence that would disqualify him from award 
of the Army Good Conduct Medal (1st Award).

7.  During the processing of this case, the Defense Finance and Accounting Service 
(DFAS) reviewed his Master Military Pay Account, which verified his service in Kuwait 
from 1 March to 20 September 2003 (a period of 7 months). Note: DFAS only verifies 
receipt of hostile fire/imminent danger pay. DFAS does not verify inclusive dates of 
deployed service or deployment locations beyond the first qualifying country (e.g., 
Kuwait versus Iraq). DFAS pay records are not considered "source documents," but 
may be considered as supporting documents leading to a preponderance of the 
evidence. A second source document is required.

8.  Army Regulation 635-8 (Separation and Processing and Documents), establishes 
the standardized policy for preparing and distributing the DD Form 214. Chapter 5 
contains guidance on the preparation of the DD Form 214, to include entering foreign 
service and remarks pertaining to deployment locations and through dates. 


BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined there is 
sufficient evidence to grant relief. The Board carefully considered the applicant's record 
of service, documents submitted in support of the petition and executed a 
comprehensive and standard review based on law, policy and regulation. Upon review 
of the applicants petition and available military records, the Board determined the 
governing regulation provides that at separation the service member’s record will be 
used to enter accurate information when completing their DD Form 214. The Board 
agreed that DFAS provided sufficient documentation to show he served in Kuwait from 
1 March 2003 to 20 September 2003 (7 months); thereby warranting correction in this 
case.  

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant.




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:

In addition to the administrative notes annotated by the Analyst of Record (below the 
signature), 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 the DD Form 
214 for the period ending 5 November 2003 showing in:

*	Block 12f (Foreign Service) – add 7 months
*	Block 18 (Remarks) – add “Service in Kuwait from 20030301 to 20030920”

	 
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): 

A review of the applicant’s records shows he is authorized additional awards not 
annotated on his DD Form 214 for the period ending 5 November 2003.  As a result, 
amend his DD Form 214 by adding the:

*	Global War on Terrorism Service Medal 
*	Global War on Terrorism Expeditionary Medal


REFERENCES:

1.  Title 10, U.S. Code, 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 635-8, establishes the standardized policy for preparing and 
distributing the DD Form 214. Chapter 5 contains guidance on the preparation of the 
DD Form 214, to include entering foreign service and remarks pertaining to deployment 
locations and through dates:

*	block 12f enter the total amount of service performed outside the Continental 
United States (OCONUS) during the period covered by the DD Form 214, to 
include deployments. List periods of deployed service in block 18 (Remarks)
*	block 18 for an active duty Soldier, list any/all OCONUS deployments completed 
during the period of the DD Form 214 being created, the statement "Service in 
(Name of Country Deployed) From (inclusive dates)"

3.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Service Medal is authorized for award to members 
of the Armed Forces of the United States who 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 on or after 11 September 2001 to a date to be determined 
having served 30 consecutive or 60 nonconsecutive days are authorized the Global War 
on Terrorism Service Medal.

	b.  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. The general area of eligibility (AOE) encompasses all foreign land, water, 
and air spaces outside the fifty states of the United States and outside 200 nautical 
miles of the shores of the United States in operations approved by the Secretary of 
Defense. Under no conditions will units or personnel within the United States or the 
general region excluded above be deemed eligible for the Global War on Terrorism 
Expeditionary Medal. Army Regulation 600-8-22 further states 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 AOE, or meet other, specified 
criteria. Initial award of the Global War on Terrorism Expeditionary Medal was limited to 
service members deployed abroad in Operations Enduring Freedom and Iraqi Freedom 
in designated specific geographic areas of eligibility, including Kuwait.

	c.  The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, 
and fidelity in active Federal military service. It is awarded on a selective basis to each 
Soldier who distinguishes himself or herself from among his or her fellow Soldiers by 
exemplary conduct, efficiency, and fidelity throughout a specified period of continuous 
enlisted active Federal military service. There is no right or entitlement to the medal until 
the immediate commander has approved the award and the award has been 
announced in permanent orders. Soldiers may be awarded the Army Good Conduct 
Medal, for first award only, upon termination of service on or after 27 June 1950, of less 
than 3 years but more than 1 year. Subsequent awards must be for a completion of 3 
years of continuous enlisted active Federal military service. 

4.  Army Regulation 15-185 prescribes the policies and procedures for correction of 
military records by the Secretary of the Army, acting through the ABCMR. The ABCMR 
considers individual applications that are properly brought before it. The ABCMR will 
decide cases on the evidence of record. It is not an investigative body. The ABCMR 
begins its consideration of each case with the presumption of administrative regularity. 
The applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230005056


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1