RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070017042 


	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. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Donald L. Lewy

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 discharge, under other than honorable conditions, be upgraded and that he be awarded the medals and awards associated with his combat support duties, which include the Kuwait Liberation Medal, the Southwest Asia Service Medal, and the Driver’s Badge.

2.  The applicant states that he believes that he served honorably until he started to comport himself in a non-military fashion and getting into trouble.  He states that he believes that he served honorably except for the period of time following his deployment in support of Operation Desert Storm and directly in Operation Saber.  He states that his Certificate of Release or Discharge from Active Duty (DD Form 214) fails to show his service in the Saudi Theater.  He states that his acts of misconduct were due to post traumatic stress disorder.

3.  The applicant provides in support of his application, a copy of his DD Form 214; a copy of a letter addressed to the Office of the Commanding General, dated 8 May 2006; a copy of a letter addressed to a Veterans Benefits Specialist, dated 5 September 2006; a copy of his Department of Veterans Affairs (VA) Rating Decision dated 18 October 2006; a copy of a letter from the VA notifying him of the decision made in his case; copies of undated, handwritten letters addressed to his mother; copies of barely legible post office date stamps; and copies of pictures.

CONSIDERATION OF EVIDENCE:

1.  On 3 October 1989, the applicant enlisted in the Army in Milwaukee, Wisconsin, for 3 years, in the pay grade of E-1.  He successfully completed his training as a cannon crewmember.  He was transferred to Fort Bragg, North Carolina on 25 January 1990.

2.  The applicant was promoted to the pay grade of E-2 on 3 April 1990, and he was promoted to the pay grade of E-3 on 3 November 1990.

3.  A review of the Gulf War Deployment Roster shows that the applicant was deployed to Southwest Asia from 1 September 1990 through 12 April 1991.

4.  The applicant was counseled on 3 August 1992, for failure to repair.  He was told that he was in violation of Article 86 of the Uniform Code of Military Justice.  He was also told that a copy of the counseling statement was being placed in his 


unit file.  The applicant acknowledged receipt of the counseling statement indicating he was never informed of the time that he was to report.

5.  On 11 August 1992, the applicant was counseled for failure to repair.  During the counseling, he was told that he was working on being court-martialed.  The applicant acknowledged receipt of the counseling statement, offering no explanation to his absence.

6.  On 26 June 1992, the applicant underwent a mental status evaluation and it was determined that his behavior was normal; he was fully alert; he was fully oriented; his mood or affect was unremarkable; his thinking process was clear; his thought content was normal; and his memory was good.  It was further determined that he had the mental capacity to understand and participate in board proceedings; that he was mentally responsible; and that he met the retention requirements of chapter 3, Army Regulation 40-501.

7.  The facts and circumstances surrounding the applicant's discharge are not on file.  The DD Form 214 that he was furnished shows that he was discharged under other than honorable conditions, under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct - commission of a serious offense.

8.  The applicant's DD Form 214 also shows that he had lost time from 6 June 1991 until 16 June 1991, from 14 September 1991 until 26 September 1991, from 6 January 1992 until 7 January 1992, from 14 May 1992 until 15 June 1992, and from 12 September 1992 until 18 March 1993. 

9.  The applicant's DD Form 214 shows that he was awarded the Army Service Ribbon, the National Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  However, his DD Form 214 does not show that he had Foreign Service.

10.  A review of the available records fails to confirm the applicant's entitlement to the Driver’s Badge.

11.  On 14 June 2006, the Army Discharge Review Board denied the applicant's petition to upgrade his discharge.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor 


disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

13.  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.  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 1991 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

14.  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.

15.  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.

16.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for block 12f (Foreign Service), from the Soldier’s official record, enter the total amount of foreign service completed during the period covered by the DD Form 214.

18.  The Separation Documents regulation also states that, for an active duty Soldier deployed with his or her unit during their continuous period of active 
service, the statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)” will be entered in block 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  It appears that the type of discharge that the applicant was furnished was appropriate considering the available facts of this case.

2.  The applicant's contentions have been noted.  However, there is no evidence in the available record that supports his contention that he was suffering from Post Traumatic Stress Disorder while he was in the Army.  The evidence of record shows that he underwent a mental status evaluation and it was determined that he had the mental capacity to understand and participate in board proceedings; that he was mentally responsible; and that he met the retention requirements of chapter 3, Army Regulation 40-501.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

3.  Although the facts and circumstances surrounding his discharge are not on file, the record clearly shows that he had lost time from 6 June 1991 until 16 June 1991, from 14 September 1991 until 26 September 1991, from 6 January 1992 until 7 January 1992, from 14 May 1992 until 15 June 1992, and from
12 September 1992 until 18 March 1993.  Considering his numerous acts of indiscipline, it does not appear that the type of discharge that he received was too harsh.

4.  There is no evidence in the available records, nor has the applicant submitted any evidence to support his contention that he is entitled to the Driver’s Badge.

5.  The Gulf War Deployment Roster shows that he was deployed to Southwest Asia from 1 September 1990 to 12 April 1991.  Therefore, in accordance with the applicable regulations, he is entitled to award of the Kuwait Liberation Medal - Kuwait (KLM-K), the Kuwait Liberation Medal – Saudi Arabia (KLM-SA), the Southwest Asia Service Medal with three bronze service stars, and one Overseas Service Bar included on his DD Form 214.  

6.  The applicant's Foreign Service was omitted from his DD Form 214.  He was deployed to Southwest Asia from 1 September 1990 to 12 April 1991.  Therefore, he had 7 months and 12 days of Foreign Service and his DD Form 214 should be amended to reflect his Foreign Service.  The remarks section of his DD Form 214 should also be corrected to reflect his overseas deployment to Southwest Asia.
7.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LDS__  __ECP__  __DLL___  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:

	a.  amending block 12f of his DD Form 214 to show that he had 7 months and 12 days of Foreign Service; 

	b.  awarding him the Kuwait Liberation Medal - Kuwait (KLM-K), the Kuwait Liberation Medal – Saudi Arabia (KLM-SA), the Southwest Asia Service Medal with three bronze service stars, and one Overseas Service Bar, and correcting his DD Form 214 to reflect his awards; and 

	c.  adding to block 18 the remarks “SERVICE IN SOUTHWEST ASIA FROM 19900901 – 19910412.”

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 upgrading his discharge and awarding him the Driver’s Badge.




____Linda D. Simmons__
          CHAIRPERSON




INDEX

CASE ID
AR20070017042
SUFFIX

RECON

DATE BOARDED
20080320
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  360
144.0000/ADMINISTRATIVE DISCHARGE
2.  661
144.6700/ACTS OF MISCONDUCT
3.  671
144.6730/SERIOUS OFFENSE
4.  46
107.0000/AWARDS AND DECORATIONS
5.  135
107.0089/KUWAIT LIBERATION MEDAL
6.  120
107.0074/SOUTHWEST ASIA SERVICE MDL