RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070010829 


	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. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. William Blakely

Member

Mr. Michael J. Flynn

Member

	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, reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty), and that this document show his service in the Persian Gulf during Operation Desert Shield/Storm.

2.  The applicant states, in effect, that he did not receive a DD Form 214 when he was released from active duty from Fort McCoy, Wisconsin, in March 1991.

3.  The applicant provides a copy of his Leave and Earnings Statement (LES), for the period 1 to 15 March 1991, a copy of his deployment orders, and a copy of his DD Form 214, dated 7 November 1985, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060016631 on 12 July 2007.

2.  The Board concluded that it was known that the applicant was ordered to active duty with the 542nd Transportation Company (TC) (MTCC [medium truck control cargo]) on or about 17 November 1990, and it appears that he served on active duty from 17 November 1990 to 14 March 1991; there was no evidence in his military records, and the applicant did not provide any evidence which conclusively shows the exact date that he entered active duty.  Had he provided a copy of his LES which showed the first date he was paid for active duty, there would have been no question as to when he actually entered active duty.  There was insufficient evidence upon which to issue a DD Form 214 to the applicant.

3.  The applicant's new argument, as stated in his request, is the same as his old argument.

4.  The applicant provided, as new evidence, a copy of his LES for the period 1 to 15 March 1991 which shows that he was discharged on 15 March 1991.

5.  The applicant provided a copy of Headquarters, 425th Transportation Brigade (COSCOM [Corps Support Command]), Orders 111-3, dated 16 November 1990, which show that he was ordered to active duty, while assigned to the 542nd TC (MTCC), for a period of 180 days, effective 17 November 1990, with a reporting date to his mobilization station, Fort McCoy, on 20 November 1990.

6.  Item 35 (Record of Assignments), of his DA Form 2-1 (Personnel Qualification Record – Part II), shows that he was ordered to active duty on 17 November 1990 and to report to Fort McCoy. 

7.  Item 5 (Overseas Service), of the applicant’s DA Form 2-1 (Personnel Qualification Record - Part II), shows that he served in Saudi-Arabia from 17 November 1990.  His return date was omitted from his DA Form 2-1.  However, his LES shows that he was paid overseas pay through 24 February 1991.  He as paid Imminent Danger Pay to the end of month, February 1991 in accordance with the DOD Pay Manual.  The evidence shows he was discharged on 15 March 1991.

8.  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 (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-fire Campaign (12 April 1991 to 30 October 1995).

9.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(KLM-SA) 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

10.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

11.  Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning military awards.  It states, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 to 14 August 1974, and between 2 August 1990 to 30 November 1995.  
12.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from Active Duty.  A DD Form 214 will be prepared for members of the Army National Guard and the Army Reserve who completed 90 days or more of continuous active duty, full-time training duty, active duty support, completion of IADT which resulted in award of a military occupational specialty (MOS) or from a special duty training program
tour.

13.  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 214 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.  Additionally, in Item 18 (Remarks), for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:  “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)”, “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (Inclusive dates for example, YYYYMMDD-YYYYMMDD)," and "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served for more than 90 days of continuous active duty; and, he completed the period for which he was ordered to active duty for purpose of post-service benefits and entitlements.  The evidence shows he served on active duty for the period from 17 November 1990 to 15 March 1991.  There is no evidence in the available records to show that the applicant was issued a DD Form 214 covering the period of this service.  Army Regulation 635-5 requires the issuance of a DD Form 214 for any period of active duty in excess of 90 days.  Therefore, he is entitled to be issued a DD Form 214 for this period.

2.  The evidence of record shows the applicant served in Southwest Asia and was deployed to Kuwait from 17 November 1990 to 15 March 1991.  Therefore, he is entitled to the SWASM, with two bronze service stars, the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal, awarded by the Government of Kuwait, based on his service in Southwest Asia.  Therefore, he is entitled to have these awards shown on his DD Form 214.

3.  The evidence of record shows the applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to have this award shown on his DD Form 214.

4.  Based on his Gulf War service from 17 November 1990 to 24 February 1991, he is entitled to have the entries shown in Item 18 or his DD Form 214:  “ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM PER 10 USC”, “SERVICE IN KUWAIT FROM 19901117-19910224” and “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS.”

BOARD VOTE:

__HOF__  __WB___  __MJF __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20060016631, dated 12 July 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  issuing the applicant a DD Form 214, for the period 17 November 1990 to 15 March 1991;

b.  awarding the applicant the SWASM, with two bronze service stars, and adding this award to item 13, of his DD Form 214; 

c.  awarding the applicant the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia; and the Kuwait Liberation Medal, awarded by the Government of Kuwait, based on his service in Southwest Asia, and adding these awards to item 13, of his DD Form 214;

d.  awarding the applicant the National Defense Service Medal and adding this awards to item 13, of his DD Form 214; and 

e.  by showing the entries “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION DESERT SHIELD/DESERT STORM) PER 10 USC”, “SERVICE IN KUWAIT FROM 19901117-19910224”, and “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS”, to Item 18 on his DD Form 214.




_____Hubert O. Fry________
          CHAIRPERSON




INDEX

CASE ID
AR20079910829
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071023
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19910315
DISCHARGE AUTHORITY
AR  ordered to active duty
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.


1