RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20070017546 


	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.




Director



Analyst

The following members, a quorum, were present:



Chairperson



Member


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, that his records be corrected to reflect that he received a medal for serving in South West Asia (SWA) during Operation Desert Storm/Desert Shield.  He also requests, in effect, that his records be corrected to show that he was a Sergeant (SGT/E-5). 

2.  The applicant states, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) should be corrected to show he served during Operation Desert Storm/Desert Shield.  He further states, in effect, that he should be a SGT.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and General Orders Number 1, from Headquarters, 1st Armored Division, Operation Desert Storm, APO New York, dated 21 March 1991, in support of his application.

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.  On 4 December 1986, the applicant enlisted in the Regular Army.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  The highest rank he attained while serving on active duty was Specialist (E-4). 

3.  General Orders Number 1, dated 21 March 1991, provided by the applicant shows that the 4th Battalion, 66th Armored Division Soldiers who served in SWA and were assigned or attached, under the operational control of the 1st Armored Division were authorized to wear the 1st Armored Division Combat Patch.

4.  The Defense Manpower Data Center’s (DMDC) Desert Shield/Storm Data Base shows the applicant served in SWA during the period from 1 January 1991 to 28 May 1991.  During his SWA tour he was assigned to 4th Battalion, 66th Armored Division, performing duties as an 11C (Indirect Fire Infantryman).
5.  On 27 May 1991, the applicant was honorably discharged after completing a total of 4 years, 5 months, and 27 days of active military service.  The DD Form 214 he was issued shows that he earned the following awards during his active duty tenure:  the Army Service Ribbon, the Overseas Service Ribbon, the Good Conduct Medal, the National Defense Service Medal, the Army Commendation Medal with 1st oak leaf cluster, the Army Achievement Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 

6.  Item 4a (Grade, Rate, or Rank) of the applicant’s DD Form 214 shows that he held the rank/grade of specialist/E-4 on the day of discharge from active duty.

7.  Item 8 (Last Duty Assignment and Major Command) of the applicant’s DD Form 214 shows that he was assigned to the Headquarters and Headquarters Company, 4th Battalion 66th Armored Regiment, USAREUR (United States Army Europe) and Item 12f (Record of Service) of his DD Form 214 shows he served
3 years, 1 month, and 10 days of foreign service.

8.  Item 35 of the applicant’s DA Form 2-1 does not show he was assigned to SWA during Operations Desert Storm/Desert Shield. 

9.  The applicant’s NGB Form 22 (Report of Separation and Record of Service), dated 13 November 1994, shows in Item 5a (Rank) that he held the grade of SGT and Item 6 (Date of Rank) shows that he was promoted on 10 January 1993.

10.  Army Regulation 600-8-22 (Military Awards) 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 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).  The regulation also provides that members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S. Central Command or directly supporting military operations in the combat theater.

11.  The DMDC compiled a Desert Shield/Storm Data Base that 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.  For Reservists and Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

12.  Army Regulation 635-5 (Separation Documents) established standardized policy for preparing and distributing the DD form 214.  Chapter 2 contains guidance on the preparation and distribution of the DD Form 214.  Paragraph
2-4h contains detailed instructions and source documents(s) for completing each item of the DD Form 214.  

13.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for completing Item 4 provide that the active duty grade or rank and pay grade at time of separation will be entered on the DD Form 214.  The instructions for completing Item 12, block h, provides that the most recent promotion order (or reduction instrument), will be used to enter the current grade. Each entry will be verified by the Soldier's records. 

14.  A review of the applicant’s records indicates entitlement to additional awards and decorations not shown on this DD Form 214.

15.  Department of the Army General Order Number 14, Dated 27 December 1994, shows that the 4th Battalion, 66th Armored Division was cited for award of the Valorous Unit Award for the period 24 February 1991 to 28 February 1991.

16.  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.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to have his DD Form 214 corrected to show that he received a medal for his service in SWA during Operation Desert Storm/Desert Shield.  He also contends that he is entitled to have his DD Form 214 corrected to show that he held the grade of SGT/E5.  

2.  Evidence shows that the applicant served in SWA during Operation Desert Storm/Desert Shield from 1 January 1991 to 28 May 1991.  Therefore, he is entitled to correction of his record to show award of the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

3.  General Orders show the 4th Battalion, 66th Armored Division was awarded the Valorous Unit Award, which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award

4.  Based on the applicant’s service in Southwest Asia in support of Operations Desert Shield and Desert Storm, he is entitled to correction of Item 18 (Remarks) of his DD Form 214 to show his service in Southwest Asia by adding the entry “SWA SERVICE:  910101-910528”.

5. The applicant’s record shows that he held the rank/pay grade SP4/E-4 with a date of rank of 4 November 1987, on the effective date of his separation from the Army.  The applicant's record does not show that he was promoted to SGT/E-5 prior to his separation from active duty on 27 May 1991.  The applicant’s records show that he was promoted to SGT/E-5 on 10 January 1993, after the completion of his active duty service.  In the absence of evidence to the contrary, it is concluded that the applicant’s separation document dated 27 May 1991 is correct.  Therefore, he in not entitled to correction of his records to show his rank/pay grade as SGT/E-5.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JTM __  __CAD__  __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:

a. showing that he was awarded the Southwest Asia Service Medal (SWASM) with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K); the Valorous Unit Award and,

b. by amending item 18 (Remarks) of his DD Form 214 to show the entry “SWA SERVICE: 910101-910528”.

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 his records to show rank/pay grade as SGT/E-5.




___John T. Meixell    __
      CHAIRPERSON