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ARMY | BCMR | CY2002 | 2002069900C070402
Original file (2002069900C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 June 2002
         DOCKET NUMBER: AR2002069900

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Melvin H. Meyer Member
Mr. Allen L. Raub Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that she participated in Southwest Asia in support of Operation Desert Shield.

APPLICANT STATES: That her service in Operation Desert Shield was omitted from her DD Form 214. She contends that this omission has caused loss of Department of Veterans Affairs housing benefits for a person who actively participated in this type of operation. In support of her application, she submits a copy of her DD Form 214; orders, dated 5 October 1990; DA Form 2166-7 (NCO Evaluation Report) covering the period October 1990 to January 1991; and a copy of her DA Form 2-1 (Personnel Qualification Record).

EVIDENCE OF RECORD: The applicant's military records show:

The applicant was ordered to active duty on 9 October 1990 in San Francisco, California, for active duty special work (ADSW) in support of Operation Desert Shield. She was honorably released from active duty on 6 January 1991.

The applicant’s DD Form 214, which was authenticated in her own hand, does not show that she served in Southwest Asia in support of Operation Desert Shield.

In support of her claim, the applicant provided orders, dated 5 October 1990, which show that she was ordered to ADSW effective 9 October 1990 in support of Operation Desert Shield. She provided a copy of her NCO Evaluation Report covering the period October 1990 to January 1991 which shows that she was attached to Headquarters, Sixth U.S. Army, San Francisco, California, and that she “worked long hours willingly during DESERT SHIELD mobilization” and “directed the initial organization of message traffic in support of Operation DESERT SHIELD.”

There are no deployment orders to Southwest Asia in the available records.

The applicant’s name does not appear in the Defense Manpower Desert Shield/Desert Storm Data Base.

There is no evidence in the available records which shows the applicant served in Southwest Asia.

The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and



31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form will be entered in item
12f. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket. However, for service in Southwest Asia, Department of the Army issued guidance that service in a temporary duty status in that theater would not be reported as foreign service unless for a period longer than 6 months and that Southwest Asia service would be reported in item 18 (Remarks) of the DD Form 214.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant’s contention that her service in Operation Desert Shield was omitted from her DD Form 214, is not supported by the evidence of record.

2. Evidence of record shows that the applicant was ordered to active duty for ADSW in support of Operation Desert Shield.

3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that she served in Southwest Asia in support of Operation Desert Shield. Therefore, there is no basis for granting the applicant’s request.

4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

KAK____ MHM____ ALR_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002069900
SUFFIX
RECON
DATE BOARDED 20020618
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 113.0000
2.
3.
4.
5.
6.


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