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ARMY | BCMR | CY2004 | 040003613C070208
Original file (040003613C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040003613


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 25 April 2003 DD Form 214 (Certificate
of Release or Discharge from Active Duty) be corrected to show that he
entered on active duty on 26 January 1996; that his continuous honorable
active service was from 1 December 1987 to 15 January 1992, and from 31
October 1995 to          25 April 2003; and that he was deployed to Saudi
Arabia from 14 October 1990 to 9 April 1991.

2.  The applicant made no other statement.

3.  The applicant provides a copy of his 25 April 2003 DD Form 214, a copy
of his 25 January 1996 DD Form 214, a copy of his 15 January 1992 DD Form
214, and a copy of his 9 January 2003 application for voluntary retirement.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s 15 January 1992 DD Form 214 shows that he entered on
active duty on 1 December 1987.  He was released from active duty under the
provisions of the 1992 early transition program, and transferred to the
Army Reserve Control Group (Reinforcement).  His DD Form 214 shows that he
served in Southwest Asia from 14 October 1990 to 9 April 1991.  He had 4
years, 1 month, and 15 days of service.

2.  On 6 July 1993 the applicant was assigned to an Army Reserve troop
program unit in Klamath Falls, Oregon.  He was discharged from the Army
Reserve on 18 April 1994 upon his enlistment in the Naval Reserve.  He
enlisted in the Naval Reserve for 6 years on 19 April 1994.

3.  His 25 January 1996 DD Form 214 shows that he entered on active duty on
31 October 1995 and was discharged at Fort Rucker, Alabama in order to
accept an appointment as a warrant officer.  He had 2 months and 25 days of
service.
4.  The applicant’s 25 April 2003 DD Form 214, the one that he wants
corrected, shows that he entered on active duty on 16 September 1991, that
he had          11 years, 7 months, and 10 days of service; 4 years, 1
month, and 15 days of prior active service, and 3 years and 11 days of
prior inactive service.  It shows that he had continuous honorable active
service from 1 December 1987 to        26 April 2003.  It also shows that
he was deployed to Saudi Arabia from 1 April 1991 to 1 October 1991.  It
shows that he completed the warrant officer candidate school in January
1996.  That form also shows that he was awarded the Kuwait Liberation
Medal, by both the Governments of Saudi Arabia and Kuwait.  The applicant
was retired because of his permanent disability.

5.  The applicant’s application for voluntary retirement shows that he
served in the Regular Army from 1 December 1987 to 15 January 1992.  He
served in the Army Reserve from 16 January 1992 to 18 April 1994, and in
the Naval Reserve from 19 April 1994 to 30 October 1995.  It shows that he
served as a Regular Army warrant officer from 31 October 1995 to 25 April
2003.

6.  A copy of a temporary personnel qualification record shows that the
applicant served in Southwest Asia from 14 October 1990 to 9 April 1991.

7.  Army Regulation 635-5 provides instructions for the preparation of the
        DD Form 214, and states in pertinent part that a remark will be
entered in item    18 of that form as follows:  “For enlisted Soldiers with
more than one enlistment period during the time covered by the DD Form 214,
enter ‘IMMEDIATE REENLISTMENTS THIS PERIOD’ (specify dates).  However, for
Soldiers who have previously reenlisted without being issued a DD Form 214
and are separated with any characterization of service except ‘Honorable,’
Enter ‘Continuous Honorable Active Service From’ (first day of service
which DD Form 214 was not issued) Until (date before commencement of
current enlistment).  Then, enter the specific periods of reenlistments as
prescribed above.”

8.  That regulation also states that for an active duty Soldier deployed
with his or her unit during their continuous period of active service
enter, “SERVICE IN NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD-YYYYMMDD).”

9.  Army Regulation 600-8-22 provides for the award of the Kuwait
Liberation Medal by the Government of Saudi Arabia to members of the Armed
Forces of the United States who participated in Operation Desert Storm
between              17 January 1991 and 28 February 1991.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s 25 April 2003 DD Form 214 is obviously incorrect.  He
did not have continuous active service from 1991 to 2003.  He was on active
duty during a portion of that period, and in the Army Reserve and in the
Naval Reserve for a portion of that period.  His previous DD Form 214 shows
that he was discharged on 25 January 1996 to accept an appointment as a
warrant officer.  This is supported by the information contained on his 25
April 2003 DD Form 214 showing that he completed warrant officer candidate
school in January 1996.  Consequently, the applicant’s contention is
accepted, in that his 25 April 2003 should be corrected to show that he
entered on active duty on 26 January 1996.  The remaining items concerning
his active service on that form should be corrected accordingly, e.g., item
12c, Net Active Service this Period should show 7 years and 3 months; item
12d, Total Prior Active Service should show 4 years, 4 months, and 10 days.


2.  The remark in item 18 of the applicant’s 25 April 2003 DD Form 214 is
not only incorrect but unwarranted.  The applicant was issued DD Forms 214
for all his periods of active service and all of his service was honorable.
 Consequently, the remark “CONTINUOUS HONORABLE ACTIVE SERVICE:  19871201-
20030426” should be deleted from his DD Form 214.  The applicant’s
contention to correct this entry otherwise is therefore not granted.

3. The remark concerning his service in Saudi Arabia is also considered
incorrect.  The applicant’s 15 January 1992 DD Form 214 shows that he
served in Southwest Asia from 14 October 1990 to 9 April 1991, as does his
temporary personnel qualification record.  He was awarded the Kuwait
Liberation Medal by the Government of Saudi Arabia, the period of the award
being from being from 17 January 1991 and 28 February 1991.  Consequently,
the remark concerning this entry, “SM WAS DEPLOYED TO SAUDI ARABIA FROM
910401 THRU 911001” is considered incorrect, and the remark regarding his
service in Southwest Asia on his 15 January 1992 DD Form 214 is considered
correct.  His 15 April 2003 DD Form 214 should be changed accordingly.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____TH _  ___RO __  ___JG __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that the applicant’s 25 April 2003 DD Form 214 be corrected:

      a.  by showing in item 12a that he entered on active duty on 26
January 1996;

      b.  by showing in item 12c that his net active service for this
period was    7 years and 3 months;

      c.  by showing in item 12d that his total prior active service was 4
years, 4 months, and 10 days;

      d.  by deleting the remark in item 18 that states, “CONTINUOUS
HONORABLE ACTIVE SERVICE:  19871201-20030426;” and

      e.  by showing that he was deployed to Southwest Asia from 901014 to
910409.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting the remark in item 18 to show active service from 19871201-
19920115, and 19951031-20030425.




                                  _____Thomas Howard_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003613                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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