RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 
	DOCKET NUMBER:  AR20080000860 


	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, correction of his discharge document to show he served in the Persian Gulf War.

2.  The applicant states, in effect, that he served in the Persian Gulf War from approximately 15 May 1990 to mid-September 1990; however, his discharge document does not show this service or award of the Southwest Asia Service Medal.
 
3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 9 December 1991.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests to be appropriately informed of all actions taken in the applicant’s case.

2.  Counsel states, in effect, that the applicant’s Gulf War service during the period 15 May 1990 to September 1990 is not shown on his discharge document. Counsel also states the applicant’s contentions reflect probative facts for an equitable review based on evidence in the applicant’s military service records.

3.  Counsel provides no additional documentary evidence.

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 record shows that he enlisted in the U.S. Army Reserve on 3 March 1988 and entered active duty in the Regular Army on
31 March 1988.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 19E (M48 - M60 Armor Crewman).  The applicant attended the 2-week M1A1 New Equipment Training course in 1990 and was awarded MOS 19K (M1 Armor Crewman).

3.  The applicant’s record contains a DA Form 2-1 (Personnel Qualification Record).  Item 5 (Oversea Service) is absent an entry.  Item 9 (Awards, Decorations and Campaigns) shows he was awarded the Army Achievement Medal, Army Good Conduct Medal (1st Award), National Defense Service Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  Item 35 (Record of Assignments) shows, in pertinent part, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 27th Armor, Fort Carson, Colorado, effective 27 July 1988, in Duty MOS 19E (Armor Crewman) and then assigned to Company C, 2nd Battalion, 77th Armor, Fort Carson, Colorado, effective 30 November 1988, in Duty MOS 19E (Armor Crewman).  Item 35 is absent any further entries.  Item 33 (Date) shows, in pertinent part, that the applicant reviewed his Personnel Qualification Record on 9 October 1990.

4.  The applicant's military service record contains a copy of his DD Form 214 that shows he was honorably released from active duty on 9 December 1991 and was credited with completing 3 years, 8 months, and 9 days net active service this period.  Item 12 (Record of Service), block f (Foreign Service), contains the entry “00 [Years], 00 [Months], 00 [Days]."  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, and the Army Lapel Button.  Item 18 (Remarks) of this document is absent an entry pertaining to any service in Southwest Asia in support of Operation Desert Shield/Desert Storm.  Item 21 (Signature of Member Being Separated) shows that the applicant placed his signature to the document, indicating he had reviewed the form and accepted the information contained therein as being correct to the best of his knowledge.

5.  A review of the Defense Manpower Data Center, Operation Desert Shield/ Desert Storm Data Base, failed to identify the applicant as having participated in Operation Desert Shield/Desert Storm.
6.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operation Desert Shield/ Desert 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 and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm.  For Reservist and National 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.

7.  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 1991 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

8.  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).

9.  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.  Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  The instructions for Item 12, Block f (Foreign Service) state to enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., Item 12, block c).  Obtain the foreign service listed in Section 1 of the DA Form 4037 (Officer Record Brief) for officers or Item 5 of the 
DA Form 2-1 (Personnel Qualification Record) for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ and/or OMPF.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awarded or Authorized) states that entries will be for all periods of service, to check the Soldier’s military service record for the validity of awards, do not abbreviate when listing the entries, and to list the entries in order of precedence.  Item 18 (Remarks) states 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 their respective blocks.  The instructions also provide, in pertinent part, that a statement will be added to show service in the country deployed, along with the dates of service (e.g., Service in (name of country deployed) From (inclusive dates for example YYYYMMDD – YYYYMMDD)).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show he served in the Persian Gulf War and award of the Southwest Asia Service Medal.  However, the applicant provides insufficient evidence in support of his claim.

2.  There is no evidence of record that shows the applicant served in Southwest Asia in support of Operation Desert Shield/Desert Storm during the period of service under review.  The applicant’s DA Form 2-1 (Personnel Qualification Record) does not show that he served in Southwest Asia, nor is the applicant’s name found in the DMDC Operations Desert Shield/Desert Storm data base.  In addition, the applicant’s DD Form 214, Item 12, block c, does not show the completion of any foreign service (i.e., time spent overseas) during the period of service under review.  Thus, the applicant is not entitled to correction of his records to show service in Southwest Asia.  In view of the foregoing, the applicant is also not authorized award of the Southwest Asia Service Medal.

3.  The evidence of record shows the applicant indicated with his signature that he had reviewed his DD Form 214 and accepted the information contained therein as being correct to the best of his knowledge.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his military service records in this case.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ___x_____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      __________x__________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000860



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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