RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070004752 


	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

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. David K. Haasenritter 

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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 record to show an earlier date of rank, higher pay grade, educational training, overseas service in Germany, and any awards he is entitled to receive based on his service in Kuwait and Operation Desert Storm.

2.  The applicant states, in effect, that his record should show he was promoted from specialist four/pay grade E-4; that he completed the Primary Leadership Development Course Class 04-92, dated 21 December 1991; and that he served in Germany in May 1991. 

3.  The applicant contends, in effect, that he served in Kuwait during Operation Desert Storm/Desert Shield and received no military awards for this service.  The applicant states that his records have not been updated since he was separated from active duty due to a compassionate reassignment and transferred to the United States Army Reserve (USAR).  The applicant contends that he has been in prison for the last 10 years and he was unable to review his records.  The applicant concludes that he and his children can not receive proper medical treatment or compensation without having his record corrected.

4.  The applicant provided copies of a self-authorized letter, dated 8 March 2007; DA Form 4187 (Personnel Action), dated 24 June 1991; Diploma from the Region I Noncommissioned Officer Academy; Certificate for completion of the Primary Leadership Development Course, dated 21 December 1991; Certificate of Service for his service in Operation Desert Storm 1991; and an undated Memorandum from Department of the Army, U.S. Army Reserve Personnel Center, St. Louis, in support of this case.

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 records shows he enlisted in the Regular Army on 21 March 1989; however, his records do not show he was awarded a military occupational specialty.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) with the separation date 24 May 1990 shows he was honorably released from active duty due to a hardship and he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  This DD Form 214 also shows that he completed 1 year, 2 months, and 4 days of active duty.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 with the separation date 24 May 1990, shows the entry "00 years, 00 months, and 00 days during this period."  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized (All period of service)) of the applicant's DD Form 214  with a separation date of 24 May 1990 shows award of the Army Service Ribbon, the Army Lapel Button, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with hand grenade.

5.  Item 14 (Military Education (Course Title, Number of weeks and month and year completed)) of the applicant's DD Form 214 with the separation date 24 May 1990 shows he completed the Combat Engineer Course 13 weeks (June 89).

6.  Department of the Army U.S. Army Reserve Personnel Center, St. Louis, Missouri Orders Number M-12-165330, dated 20 January 1991 ordered the applicant to active duty.  

7.  The applicant's record contains a second DD Form 214, with the separation date 12 March 1991, which shows he was released from active duty due to termination of mobilization with an uncharacterized discharge and transferred to the USAR Control Group, St. Louis, Missouri.  

8.  Item 12f (Foreign Service) of this DD Form 214 shows the entry "00 years 00 months and 00 days."  

9.  Item 12h (Effective Date of Pay Grade) of this DD Form 214, effective 12 March 1991 shows the applicant was promoted to E-3 on 12 January 1989.  

10.  Item 13 (Decorations, Medals Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of this DD Form 214 does not show any awards for service in Kuwait.  Additionally, there are no orders in the applicant's service personnel records which show that he served in Kuwait.  
11.  Item 14 (Military Education (Course Title, number weeks, and month and year completed) this DD Form 214 does not list the Reserve Component Noncommissioned Officer Primary Leadership Development Course/Class 04-92.

12.  Item 18 (Remarks) of this DD Form 214 shows the entry "BLOCK 17: NA//NOTHING FOLLOWS."  The remarks section does not show the he was ordered to active duty in support of Operation Desert Shield/Desert Storm in Kuwait.

13.  The applicant's record contains a Certificate of Appreciation from the United States Army Engineer Center, Fort Leonard Wood, dated 11 March 1991, for service during Operation Desert Shield/Desert Storm.

14.  Department of the Army, Headquarters 78th Division (Training), Orders Number 26-8, dated 22 March 1991, shows the applicant was released from the Individual Ready Reserve (IRR) due to "no show." 

15.  Department of the Army, U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders C-04-012812, dated 24 April 1991, shows the applicant was relieved from USAR Control Group (AT) based on statutory obligation effective 23 April 1991.

16.  The applicant states, in effect, in a self-authored letter, dated 8 March 2007 that he enrolled in a Veterans Center which ordered copies of his military records and that these records do not show his promotions from E-4, his Primary Leadership Development Course, overseas service in Germany, his participation in Desert Storm/Desert Shield and awards entitled based on his service in Kuwait.  The applicant continues that he has provided copies of his promotions forms, his orders for overseas service in Germersheime Germany, and requests correction of his records so that he may begin receiving benefits/compensation.

17.  The applicant provided a Certificate of Training which shows he successfully completed Combat Engineer Training - MOS 12B10 on 29 June 1989.

18.  The applicant provided a copy of DA Form 4187 (Personnel Action) from the 618th Supply Company, Fort Totten, New York, dated 24 June 1991 which shows the applicant was advanced to the rank of specialist/pay grade E-4, effective on 2 June 1991.


19.  The applicant provided a copy of a Certificate from the United States Army Individual Ready Reserve for renewing the heroic traditions of the American Citizen-Soldier through service in support of Operation Desert Storm 1991.

20.  The applicant provided a copy of Headquarters, 77th US Army Reserve Command, Fort Totten, New York, Orders Number 191-002, which amended Orders Number 190-034, dated 29 May 1991.  These Orders show the applicant's unit was transferred overseas to Germersheime, Germany for service during the period 14 July 1991 through 3 August 1991.

21.  The applicant provided a diploma from the Region 1 Noncommissioned Officer Academy which shows he successfully completed the Reserve Component Noncommissioned Officer Primary Leadership Development Course, Class 04-92 during the period 7 December 1991 through 21 December 1991.

22.  The applicant provided an undated Department of the Army U.S. Army Reserve Personnel Center (DARP), St. Louis, memorandum for Individual Ready Reservists/Retirees (Subject: Review of Records.)  The memorandum states that the Brigadier General of the DARP established a Task Force to review the records of each Soldier mobilized in support of Operation Desert Shield/Storm.  

23.  The memorandum further states the Task Force's intent was to ensure all records are complete and correct.  The memorandum shows two paragraphs were identified by check marks which states that the applicant either did not receive his DD Form 214 upon separation or it needed to be reissued and created.  The paragraph also shows the document was enclosed.  The second paragraph states that a DA Form 1577 was created to issue his authorized awards and a copy of that form was enclosed.  Additionally, it states that could take six months to receive his award(s) from the U.S. Army Support Activity, based on the volume of requests being processed.

24.  DA Form 4187 (Personnel Action), U.S. Army Recruiting Station, Norfolk, Virginia, dated 2 February 1993, shows the applicant requested reenlistment into the Regular Army.  There are no records which show he was authorized enlistment into the Regular Army.

25.  Department of the Army Headquarters, 77th United States Army Reserve Command Orders Number 130-16, dated 4 August 1993, shows the applicant was released from the 618 Supply Company due to unsatisfactory participation, effective 4 August 1993.

26.  Department of the Army U.S. Army Reserve Personnel Center, St. Louis, Missouri Orders D-01-704314, dated 21 January 1997 shows the applicant was honorably discharged from the USAR effective on 4 August 1993.  

27.  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.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  The applicant's name does not appear on the listing as having participated in-theater between 2 August 1990 and 31 July 1991.

28.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  Additionally, the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, it directs that the total active service will be entered in item 12c of the DD Form 214, item 12h (Effective Date of Pay Grade) shows the applicant's last date of promotion.  

29.  Army Regulation 635-5 (Separation Documents), in pertinent part, states that Item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the following statement will be entered in Item 18 (Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should show he was promoted from specialist four/pay grade E-4; that he completed the Primary Leadership Development Course Class 04-92, dated 21 December 1991; that he served in Germany in May 1991; and any awards to which he is entitled based on his service in Kuwait and Operation Desert Storm.
2.  The applicant's DD Form 214, effective 21 March 1991, shows that he was transferred to the USAR Control Group on 23 April 1991.  The applicant's promotion to specialist/pay grade E-4 was not effective until 24 June 1991.  There is no separation documentation in the available records for service after 21 March 1991.  Therefore, with regard to the promotion issue, the applicant's separation documents are correct as currently constituted and there is no basis to amend his records as requested.

3.  The applicant's DD Form 214, effective 21 March 1991, shows that he was transferred to the USAR Control Group on 23 April 1991.  Evidence of record shows he successfully completed the Primary Leadership Development Course, Class 04-92 on 21 December 1991, which is a 40 hour formal in-service training course.  There is no separation documentation in the available records for service after 21 March 1991.  Therefore, the applicant's separation documents are correct as currently constituted and there is no basis to amend his record as requested.  

4.  Evidence of record shows the applicant was issued orders to serve with his unit in Germany, however, there is no evidence in his record which shows he served overseas in Germany.  Additionally, there are several indicators in the applicant's records which show that the applicant was a non-participant on numerous occasions.  Based on the fact that there is no substantiating evidence which shows the applicant did in fact perform military duties while stationed in Germany, there is no basis to grant the relief requested. 

5.  Although, the Desert Shield/Storm Data Base did not show the applicant was deployed to Southwest Asia (SWA) in support of Desert Storm/Desert Shield during the period 31 January 1991 through 9 April 1991, the applicant's records contain Certificates which show the applicant was recognized for performing duties in support of Operation Desert Storm.  However, these Certificates did not provide a specific time-frame, identify duties performed or state location of assignment and there is no additional evidence in the available records which show the applicant served in Operation Desert Storm.  Without this information, entitlement to service awards cannot be verified.  As a result, there is no basis to grant the applicant's request at this time.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JRH___  _DKH___  _EEM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





_David K. Haasenritter _
          						          CHAIRPERSON



INDEX

CASE ID
AR20070004752
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.