RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070004586 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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, in effect, correction of his discharge document.

2.  The applicant states, in effect, that his latest discharge document does not accurately reflect his prior active or inactive service, foreign service, training as a military policeman, or his awards and decorations.  He also states, in effect, that his discharge document contains a statement that a DD Form 215 will be issued to provide the missing information; however, he has not received this document.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 7 June 1991; and an
89th Military Police Brigade, Certificate of Achievement, dated 1 June 1991, for outstanding performance of duty while serving with the unit in support of Operation Desert Storm.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military service records show that he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 8 November 1985 and entered active duty in the Regular Army (RA) for a period of 2 years on 10 July 1986.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 76V (Materiel Storage and Handling Specialist).

3.  The applicant's military service records contain a DD Form 214, with an effective date of 11 April 1988.  Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) shows he held MOS 76V1OB1 (Materiel Storage and Handling Specialist) for 1 year and 5 months.  Item 14 (Military Education) shows he completed the 5-week Materiel Storage and Handling Specialist course in November 1986.  Item 12 (Record of Service), block c (Net Active Service This Period) contains the entry “01 [Years], 09 [Months], 02 [Days];” block d (Total Prior Active Service) contains the entry “00 [Years], 00 [Months], 00 [Days];” block e (Total Prior Inactive Service) contains the entry “00 [Years], 00 [Months], 00 [Days];” and block f (Foreign Service) contains the entry “01 [Years],
04 [Months], 03 [Days].”  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal, Overseas Service Ribbon, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button.  Item 18 (Remarks), in pertinent part, shows his service in the Delayed Entry Program (DEP) from 8 November 1985 through 9 July 1986.  This document also shows that on 11 April 1988 the applicant was honorably released from active duty (REFRAD) under the provisions of the Fiscal Year 1988 Early Transition Program, based upon reduction in authority strength, and transferred to the 491st Support Company (General Support), 808th U.S. Army Reserve Command (USARC) Ramey, Aguadilla, Puerto Rico.

4.  The applicant's military service records contain a copy of Headquarters,
301st Military Police Company (Combat Support), Fort Buchanan, Puerto Rico, memorandum, dated 18 August 1990, subject: Letter of Instructions – Unexcused Absence From Annual Training (AT).  This document shows, in pertinent part, that he failed to attend or complete AT on 29 July 1990 to 11 August 1990.

5.  The applicant's military service records contain a Record of Unexcused Absences.  This document shows, in pertinent part, that the applicant was absent from scheduled single Unit Training Assembly (UTA) without proper authority and failed to provide a cogent or emergency reason for the absence on 2 June 1990, 3 June 1990, 7 July 1990, and from 29 July 1990 through 11 August 1990.

6.  The applicant's military service records contain a DD Form 214, with an effective date of 7 June 1991.  This document shows that the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm and served in Southwest Asia from 14 February 1991 to 27 May 1991.  Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) shows he held MOS 76V1O (Materiel Storage and Handling Specialist) for 4 years and
7 months.  Item 14 (Military Education) contains the entry “NONE.//NOTHING FOLLOWS.”  Item 12 (Record of Service), block c (Net Active Service This Period) contains the entry “00 [Years], 05 [Months], 01 [Days];” block d (Total Prior Active Service) and block e (Total Prior Inactive Service) both contain the entry “SEE ITEM 18;” and block f (Foreign Service) contains the entry 
“00 [Years], 05 [Months], 01 [Days].”  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Southwest Asia Service Medal, Overseas Service Ribbon, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.  Item 18 (Remarks), in pertinent part, contains the entry “ITEMS 12D & 12E ABOVE DO NOT ACCOUNT FOR ANNUAL AND/OR WEEKEND TRAINING THIS SOLDIER MAY HAVE ACCOMPLISHED PRIOR TO DATE ENTERED IN ITEM 12A.  This item also contains the entry “A DD FORM 215 WILL BE ISSUED TO PROVIDE THE MISSING INFORMATION//NOTHING FOLLOWS.  This document further shows that the applicant was REFRAD under the provisions of Army Regulation 635-200, Chapter 4, based on expiration term of service, and transferred to the 301st Military Police Company, Fort Buchanan, Puerto Rico.

7.  The applicant's military service records contain a copy of Headquarters,
301st Military Police Company (Combat Support), Bayamon, Puerto Rico, memorandum, dated 11 December 1991, subject: Letter of Instructions – Unexcused Absence.  This document shows, in pertinent part, that the applicant was absent from Multiple Unit Training Assembly (MUTA) on 16 November 1991 (MUTA-2) and 17 November 1991 (MUTA-2).

8.  The applicant's military service records contain a copy of Headquarters,
301st Military Police Company (Combat Support), Bayamon, Puerto Rico, memorandum, dated 7 February 1992, subject: Letter of Instructions – Unexcused Absence (Drill Attendance).  This document shows, in pertinent part, that the applicant was absent from UTA on 11 January 1992, 12 January 1992,
1 February 1992, and 2 February 1992.

9.  The applicant's military service records contain a copy of Headquarters,
301st Military Police Company (Combat Support), Bayamon, Puerto Rico, memorandum, dated 16 March 1992, subject: Letter of Instructions – Unexcused Absence (Drill Attendance).  This document shows, in pertinent part, that the applicant was absent from UTA on 14 March 1992 and 15 March 1992.

10.  The applicant's military service records contain a copy of Headquarters,
301st Military Police Company (Combat Support), Bayamon, Puerto Rico, Record of Unexcused Absences.  This document shows that the applicant was absent from scheduled single UTA without proper authority and failed to provide 
a cogent or emergency reason for the absence on 16 – 17 November 1991 (MUTA-4), 14 – 15 December 1991 (MUTA-4), 11 – 12 January 1992 (MUTA-4), 1 – 2 February 1992 (MUTA-4), and 14 – 15 March 1992 (MUTA-4).

11.  The applicant's military service records contain a copy of Headquarters,
301st Military Police Company (Combat Support), Bayamon, Puerto Rico, memorandum, dated 8 April 1992, subject: Unsatisfactory Participation (Unexcused Absences).  This document shows, in pertinent part, that the applicant was notified that he had accumulated nine unexcused absences within a 1-year period, was declared by the commander an unsatisfactory participant, and transferred to the Individual Ready Reserve for the balance of his military service obligation.

12.  The applicant's military service records contain a copy of DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 22 April 1992.  This document shows that the applicant’s commander requested assignment of the applicant to the USAR Control Group (Reinforcement), effective 22 April 1992.  Block g (SSI/PMOS) of this document shows that the applicant’s MOS was 76V1O.

13.  The applicant's military service records contain a copy of Headquarters,
U.S. Army Reserve Forces, Puerto Rico, Fort Buchanan, Puerto Rico, Orders
55-04, dated 28 April 1992.  These orders show the applicant was assigned to the USAR Control Group (Reinforcement), effective 22 April 1992, for unsatisfactory participation.

14.  The applicant’s Total Army Personnel Data Base (TAPDB) electronic record, accessible via the U.S. Army Human Resources Command (USA HRC) Integrated Web Services (IWS) portal contains, in pertinent part, Points Detail and Retirement Information.  The TAPDB Points Detail and Retirement Information sections are absent any data to substantiate the applicant’s creditable service in the USAR.  In addition, the online automated ARPC Form 249-2-E (Chronological Statement of Retirement Points), generated from the TAPDB electronic record, is absent any data to substantiate the applicant’s creditable military service.

15.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.



16.  Appendix B of Army Regulation 600-8-22 (Military Awards), in pertinent part, lists the campaigns for the Southwest Asia Conflict.  This document shows that the applicant participated in the Liberation and Defense of Kuwait and Southwest Asia Cease-Fire campaigns.

17.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Southwest Asia Service Medal.

19.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

20.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

21.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

22.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  The instructions for 
Item 11 (Primary Specialty) specify to enter the primary MOS or AOC (Area of Concentration), and all additional MOS/AOC service for a period of one year or more, during the Soldier's continuous active military service.  For each MOS/AOC, list the title with the years and months served.  In determining time eligibility for listing of specialty, it states that 16 days or more count as a month; however, do not count Basic Combat Training and Advanced Individual Training.
The instructions for Item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  For Block c (Net Active Service This Period) it instructs to enter the amount of service this period
(i.e., subtract 12a from 12b).  For Block d (Total Prior Active Service) it instructs to enter the total amount of prior active military service less lost time, if any.  If there was no prior active service, enter “00  00  00.”  For Block e (Total Prior Inactive Service) it instructs to enter the total amount of prior inactive service, less lost time, if any.  Delayed Entry Program (DEP) time which begins on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block, but it is creditable service towards the fulfillment of the statutory military service obligation (MSO) date in Item 6.  For Block f (Foreign Service) it instructs to enter the total amount of foreign service completed during the period covered in Item 12, block c, and, in pertinent part, to obtain the foreign service listed in Item 5 of the DA Form 2-1 for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the Military Personnel Records Jacket (MPRJ)/Official Military Personnel File (OMPF).  The instructions for Item 14 (Military Education) state to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  The instructions for Item 18 (Remarks) state to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for the block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his latest discharge document should be corrected to accurately reflect his prior active and inactive service, foreign service, training as a military policeman, and all of his awards.

2.  The evidence of record shows that the applicant enlisted in the USAR for a period of 8 years on 8 November 1985.  The evidence of record also shows that the applicant was ordered to active duty and completed 1 year, 9 months, and
2 days net active service during the period 10 July 1986 through 11 April 1988.  The evidence of record further shows that, upon REFRAD on 11 April 1988, the 

applicant was transferred to the 491st Supply Company (General Support),
808th USARC, Aguadilla, Puerto Rico.  However, the evidence of record fails to substantiate that the applicant completed any additional active service during the period 12 April 1988 through 6 January 1991.  In fact, the evidence of record shows that the applicant had periods of unexcused absences (i.e., AT and UTA) during this period (i.e., on 2 June 1990, 3 June 1990, 7 July 1990, and from
29 July 1990 through 11 August 1990).  Thus, based on the evidence of record, the total prior active service that the applicant completed prior to 7 January 1991 was 1 year, 9 months, and 2 days.  Therefore, the applicant is entitled to correction of Item 12, block d, of his DD Form 214, with an effective date of
7 June 1991, to show he completed 1 year, 9 months, and 2 days total prior active service.

3.  The evidence of record shows the applicant was REFRAD on 11 April 1988; transferred to the 491st Supply Company (General Support), 808th USARC, Aguadilla, Puerto Rico, effective 12 April 1988; and was ordered to active duty on 7 January 1991.  Thus, the period of the applicant’s inactive service (i.e., from
12 April 1988 through 6 January 1991) equates to 2 years, 8 months, and
26 days.  Although the TAPDB electronic record does not reflect this period of service, the evidence of record shows he was serving in the USAR during this period.  Therefore, the applicant is entitled to correction of Item 12, block e, of his DD Form 214, with an effective date of 7 June 1991, to show that he completed
2 years, 8 months, and 26 days prior inactive service.

4.  The evidence of record shows that the foreign service completed by the applicant during the period of active duty from 10 July 1986 to 11 April 1988 is recorded on his DD Form 214, with an effective date of 11 April 1988.  The evidence of record also shows that the foreign service completed by the applicant during the period of active duty from 7 January 1991 to 7 June 1991 is recorded on his DD Form 214, with an effective date of 7 June 1991.  The evidence or record further shows that the foreign service recorded in Item 12, block f, of the DD Form 214 will be the total amount of foreign service completed during the period covered in Item 12, block c (emphasis added).  Thus, the two DD Forms 214 properly document the applicant’s foreign service during the two periods of his active duty service.  Therefore, he is not entitled to correction of Item 12, block f, of his DD Form 214, with an effective date of 7 June 1991.

5.  The evidence of record shows that the applicant was trained in and awarded MOS 76V1O (Materiel Storage and Handling Specialist) and that this information is recorded on his DD Form 214, with an effective date of 11 April 1988.  In addition, the applicant’s MOS is recorded in Item 11 of his DD Form 214, with an 

effective date of 7 June 1991.  There is no evidence of record that shows the applicant was trained in and awarded MOS 95B (Military Policeman) or that he served in MOS 95B.  The 89th Military Police Brigade, Certificate of Achievement, dated 1 June 1991, that the applicant provides in support of his request, indicates the certificate was awarded for outstanding performance of duty while serving with the unit in support of Operation Desert Storm.  This certificate does not indicate that the applicant was trained in MOS 95B (Military Policeman) nor does it represent that he served in the unit in duty MOS 95B.  Therefore, the applicant is not entitled to correction of Item 11 or Item 14 of his DD Form 214.

6.  The evidence of record shows the applicant was awarded the Southwest Asia Service Medal.  The evidence of record also shows that he participated in two campaigns during the Southwest Asia Conflict.  Therefore, it would be appropriate to correct his DD Form 214, with an effective date of 7 June 1991, to show award of the Southwest Asia Service Medal with 2 bronze service stars.

7.  The evidence of record shows that the applicant is authorized award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). Therefore, it would be appropriate to correct his DD Form 214, with an effective date of 7 June 1991, to show these foreign service medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JCR _  ___DAC _  ___QAS_  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 all Department of the Army records of the individual concerned be corrected by showing the following corrections to his DD Form 214, with an effective date of
7 June 1991:



Item 12d.	TOTAL PRIOR ACTIVE SERVICE
			Delete:  "SEE ITEM 18"
			Add:      "01 [Years]  09 [Months]  02 [Days]"

Item 12e.	TOTAL PRIOR INACTIVE SERVICE
			Delete:  "SEE ITEM 18"
			Add:      "02 [Years]  08 [Months]  26 [Days]"

Item 14	DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED
		Delete:  “SOUTHWEST ASIA SERVICE MEDAL”
Add:	   “SOUTHWEST ASIA SERVICE MEDAL WITH	 2 BRONZE SERVICE STARS//KUWAIT LIBERATION MEDAL (SAUDI ARABIA)//KUWAIT LIBERATION MEDAL (KUWAIT)”

Item 18.	REMARKS
Delete:  "ITEMS 12D & 12E ABOVE DO NOT ACCOUNT FOR ANNUAL AND/OR WEEKEND TRAINING THIS SOLDIER MAY HAVE ACCOMPLISHED PRIOR TO DATE ENTERED IN ITEM 12A.”
 
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 foreign service and training in MOS 95B (Military Policeman).




___Jeffrey C. Redmann____
          CHAIRPERSON



INDEX

CASE ID
AR20070004586
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/09/20
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19910607
DISCHARGE AUTHORITY
AR 635-200, Chapter 4
DISCHARGE REASON
Release From Active Duty
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
100.0700.0000
2.
107.0074.0000
3.
107.0089.0000
4.
110.0400.0000
5.

6.