IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080010636 


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, in effect, that his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show he participated in Operations Desert Storm, Enduring Freedom, and Iraqi Freedom.

2.  The applicant states, in effect, that a retired service member has never had to provide proof of military service using his DD Form 214; however, the State of Arkansas has issued veterans licenses plates – veterans of World War II, the Korean War, Vietnam, the Persian Gulf, Enduring Freedom and Iraqi Freedom at the cost of $4.75 when they are initially issued and at the cost of $1.00 to renew.  The normal cost of putting a plate on an automobile or renewing each year is around $25.00.  Service members are required to present a DD Form 214 showing service in the Persian Gulf, Enduring Freedom, or Iraqi Freedom in order to receive this benefit.

3.  In support of his request, the applicant provides a copy of his DD Form 214, with an effective date of release from active duty of 31 May 2004, and a copy of awards certificates for the Bronze Star Medal and two awards of the Army Commendation Medal he received.

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 record shows he enlisted in the US Army Reserve in February 1983.  On 18 May 1983, he enlisted in the Regular Army.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 13B, Cannon Crewman.  The applicant continued to serve on active duty through a series of reenlistments and was reclassified to the MOS 18B (Special Forces Weapons Sergeant) and later to the MOS 18F (Special Forces Assistant Operations and Intelligence Sergeant).

3.  The applicant was honorably released from active duty from the Army on
31 May 2004, in the rank and pay grade of Sergeant First Class, for the purposes of retirement.  On the date of his retirement, he had completed 21 years and
13 days net active service.

4.  Item 12f (Foreign Service), of the applicant's DD Form 214, shows he had 0000 years, 00 months, and 00 days foreign service.

5.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, shows he had completed the following overseas service:  January 1991 through April 1991 – Kuwait; March 1996 through June 1996 – Kuwait; August 1996 through September 1996 – Ethiopia; April 1997 through May 1997 – Eritrea; June 1998 through August 1998 – Kuwait; October 1998 through November 1998 – Bahrain; October 1999 through November 1999 – Egypt; April 2000 through May 2000 – Kenya; September 2000 through January 2001 – Kosovo; and, November 2001 through February 2003 – Uzbekistan.  The applicant's foreign service, a total of 24 months, was performed on a temporary duty basis (TDY) and according to Item 27 (Remarks), of the applicant's DA Form 
2-1, he was paid imminent danger pay for each deployment to these countries.

6.  The applicant was awarded the Army Commendation Medal for his exceptionally meritorious service, for his support of Operation Desert Storm, during the period 25 January 1991 to 2 March 1991, in Kuwait.

7.  The applicant was awarded the Bronze Star Medal for his exceptionally meritorious service, for his service in support of Operation Enduring Freedom, for the period 20 November 2001 to 9 March 2002, in Afghanistan.

8.  The applicant was awarded the Army Commendation Medal for his meritorious achievement, in support of Operation Iraqi Freedom, during the period 21 March 2003 to 29 April 2003, in Iraq.

9.  Item 18 (Remarks), of the applicant's DD Form 214, is absent an entry to show his participation in Operations Desert Storm, Enduring Freedom, and Iraqi Freedom.

10.  Army Regulation 635-5 requires that the total amount of foreign service completed by the Soldier during the period covered in block 12c be taken from the enlisted record brief and entered in Item 12f, of the DD Form 214.

11.  Army Regulation 635-5 specifies that a remark be made in Item 18 (REMARKS), of the DD Form 214, to include a HQDA mandatory requirement when a separate block is not available and to continue entries from blocks 11 (Primary Specialty), 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), and 14 (Military Education).  An entry is also required to show foreign service when a Soldier is deployed with their unit during their continuous period of active duty service.  The entry will show:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

12.  Department of Veterans Affairs [VA] booklet, Federal Benefits for Veterans and Dependents, states that certain VA benefits require service during wartime.  Under the law, the VA recognizes these war periods as follows:  World War II – 7 December 1941 through 31 December 1946; Korean War – 27 June 1950 through 31 January 1955; the Vietnam War – 5 August 1964 through 7 May 1975 (28 February 1961 through 5 August 1964 for veterans who served "in country"); and the Gulf War – 2 August 1990 through a date to be set by law or Presidential Proclamation.

13.  Specialty plates and placards are made available, for a nominal fee, to those individuals who meet the established criteria by the State of Arkansas.  As examples:  a Vietnam War Veteran license plate can be issued to any Arkansas resident who is a veteran of the Vietnam War.  A Persian War license plate can be issued to any Arkansas resident who is a veteran of the Persian War.  An Operation Iraqi Freedom Veteran license plate can be issued to any Arkansas 

resident who is a veteran of Operation Iraqi Freedom and an Operation Enduring Freedom Veteran license plate can be issued to any Arkansas resident who is a veteran of Operation Enduring Freedom.  The requirement to qualify for these specialty license plates is a copy of a DD Form 214 reflecting service during (emphasis added) these established wartime service periods.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant served in and in support of Operation Desert Storm, Operation Enduring Freedom, and Operation Iraqi Freedom; however, there is no regulatory requirement to specifically mention each operation in which he participated by name on the DD Form 214.

2.  Army Regulation 635-5 requires that the country to which a Soldier deployed and the inclusive dates of his service will be shown in the Remarks Section of the DD Form 214.

3.  Based on regulatory guidance, the applicant is not entitled to have each operation to which he deployed and participated in named on the DD Form 214; however, he is entitled to a correction of his DD Form 214 to show those countries to which he deployed during his continuous period of active duty service.

4.  Item 12f (Foreign Service), of the applicant's DD Form 214, shows he had 0000 years, 00 months, and 00 days foreign service; however, records show he completed 2 years of foreign service during his active duty service. 

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 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.  adding the following in Item 18, of the applicant's DD Form 214: Service in Kuwait from 9101 – 9104, 9603 – 9606, and 9806 – 9808. Service in Ethiopia from 9608 – 9609.  Service in Eritrea from 9704 – 9705.  Service in Bahrain from 9810 – 9811.  Service in Egypt from 9910 – 9911.  Service in Kenya from
0004 – 0005.  Service in Kosovo from 0009 – 0101; and Service in Uzbekistan from 0111 – 0302; and 
      
   b.  correcting Item 12f, of the applicant's DD Form 214, to show he completed 2 years of foreign service during his 21 years and 13 days net active service.

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 specifically naming, by name, each of the operations (i.e., Operation Desert Storm, Operation Iraqi Freedom, and Operation Enduring Freedom) to which the applicant deployed and supported.



      ________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)                                         AR20080010636



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ABCMR Record of Proceedings (cont)                                         AR20080010636



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