IN THE CASE OF:	

		BOARD DATE:	 21 August 2008 

		DOCKET NUMBER:  AR20080007693 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of the Board’s denial of her request to correct her separation document (DD Form 214) to show that her pay grade was E-4 upon her release from active duty and to reflect that she participated in Operation Desert Shield/Desert Storm.  She also requests she be given any medals that she was entitled to for Operation Desert Shield/Desert Storm.

2.  The applicant states, in effect, that her DD Form 214 does not show her correct rank and pay grade and it does not show her VII Army Corps Certificate of Achievement for participation in Operation Desert Shield/Desert Storm.  She tried to correct her record in 1991 and 1992.

3.  The applicant provides a copy of her DD Form 214; DA Form 4187 (Personnel Action); memorandum from Headquarters, 511th MI Battalion (TE); DD Forms 215 (Correction to DD Form 214) dated 16 September 1992, 8 January 
1993, and 12 January 1993; and two letters from her elected representative, dated 28 April 2008 and 30 April 2008.

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 AC95-11871 on  
31 July 1996.

2.  In its original decision the ABCMR found that the applicant was advanced to specialist four, E-4 effective 1 February 1991.  As such, her records were corrected by issuance of a DD Form 215, dated 18 March 1997 to show her correct rank and pay grade.  However, her request to show that she participated in Operation Desert Shield/Desert Storm was denied due to insufficient evidence.

3.  A DD Form 215 dated 18 March 1997 for the period ending 28 May 1991 shows the entry "4a SPC" and "4b E4//NOTHING FOLLOWS."  However, Item  
12h (Effective Date of Pay Grade) of her DD Form 214 was not corrected to show the effective date of pay grade as 1 February 1991. 

4.  New evidence is now available which requires that her case be reconsidered by the ABCMR.

5.  The Defense Manpower Data Center (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.

6.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 15 May 1991.

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

8.  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.



9.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

10.  The applicant has been issued three DD Forms 215 for her DD Form 214 for the period ending 28 May 1991.

11.  Army Regulation 635-5 (Separation Documents), established the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that once a DD form 214 has been issued, another DD Form will not be reissued except for when directed by the proper appellate authority, Executive Order, by the Secretary of the Army, or when two DD Forms 215 have been issued and an additional correction is required.

12.  Army Regulation 635-5 directs, in pertinent part, that when a DD Form 214 is administratively issued or reissued the entry:  “DD Form 214 administratively issued/reissued on (date)” will be entered in Item 18 (Remarks) of the DD Form 214 on all copies unless the appellate authority, Executive Order, or the Secretary of the Army directive specifies otherwise.

13.  Army Regulation 635-5 provides 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.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration of the Board’s denial of her request to correct her DD Form 214 to show specialist four, E-4 and to reflect she participated in Operation Desert Shield/Desert Storm and to receive any medals that she was entitled to for Operation Desert Shield/Desert Storm.

2.  The DD Form 215 dated 18 March 1997 shows that the applicant's record was corrected to show specialist four, E-4.  However, her effective date of pay grade in Item 12h of her DD Form 214 was not corrected.  As such, it would be appropriate to correct her records to show “91 02 01” in Item 12h of her DD Form 214.




3.  Since the applicant has already been issued four DD Forms 215 and now requires an additional correction to her DD Form 214 for the period ending
28 May 1991, a new  DD Form 214 must be issued to show all corrections that have been made and the entry: “DD Form 214 administratively issued/reissued on (date)” in Item 18 of her DD Form 214.

4.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 15 May 1991.  Therefore, she is entitled to the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU).

5.  Based on the applicant’s service in Southwest Asia in support of Operations Desert Shield/Desert Storm, she is entitled to correction of item 18 of her DD Form 214 to show her service in Southwest Asia by adding the entry “Service in Southwest Asia from 19901001 - 19910515.”

6.  The applicant states she would like her DD Form 214 to show her VII Army Corps Certificate of Achievement.  However, there is no provision to have award certificates to be recorded as decoration on the DD Form 214.  As such, she is not entitled to correction of her records to show the VII Army Corps Certificate of Achievement in Item 13 of her DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___X____  ____X___  __X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AC95-11871 on  
31 July 1996.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  showing the effective date of pay grade E-4 as “91 02 01” in Item 12h of her DD Form 214;
     b.  showing Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-Ku) in Item 13 of her DD Form 214;

	c.  showing the entry, “DD Form 214 administratively issued/reissued on (date).” in Item 18 of her DD Form 214; and

	d.  reissuing a DD Form 214 for the applicant’s period of service from  
25 August 1988 to 28 May 1991 that includes all the above corrections.

2.  The Board further determined that the governing Army regulation does not support a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the VII Army Corps Certificate of Achievement to her separation document.



      __________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007693



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ABCMR Record of Proceedings (cont)                                         AR20080007693



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