IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080013424
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 (the wife of the former service member (FSM)) requests, in effect, that the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in Item 18 (Remarks) that he was deployed to Southwest Asia instead of in the Delayed Entry Program (DEP).
2. The applicant states, in effect, that the FSMs DD Form 214, Item 18 (Remarks) shows he was in the DEP from 12 April 1988 to 18 April 1988, and this is incorrect. This entry should be changed to show the FSM was deployed to Southwest Asia on these dates.
3. The applicant provides, in support of her application, the FSM's DD Form 214, orders awarding the FSM the Combat Infantryman Badge, and the FSM's death certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM's military personnel record shows he enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP) on 12 April 1988. He was discharged from the DEP on 18 April 1988 and enlisted in the Regular Army for a period of 4 years. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman).
2. 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.
3. The DMDC Desert Shield/Storm Data Base shows the FSM participated in-theater during the period from 1 October 1990 to 7 April 1991.
4. On 17 April 1992, the FSM was released from active duty due to the expiration of his enlistment.
5. Item 18 of the FSM's DD Form 214 contains the entry "Delayed Entry Program: 880412-880418 (1988 April 12 - 1988 April 18).
6. There are no entries on the FSM's DD Form 214 showing his dates of deployment to Operation Desert Shield/Operation Desert Storm.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides, in pertinent part, that an entry will be provided in Item 18 to show inclusive periods of time a Soldier spent in the DEP.
8. This regulation further provides, in pertinent part, that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show Service in (name of country deployed) From (inclusive dates for example, YYYYMMDD YYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the entries in Item 18 of the FSMs DD Form 214 are incorrect.
2. The FSM's enlistment contract shows he was in the DEP during the period from 12 April 1988 to 18 April 1988. Therefore, the entry for the DEP in Item 18 of the FSM's DD Form 214 is correct.
3. The DMDC Desert Shield/Storm Data Base shows the FSM participated in-theater during the period from 1 October 1990 to 7 April 1991. Therefore, it is appropriate to amend Item 18 of his DD Form 214 to show Operation Desert Shield/Storm, Southwest Asia Service from 19901001 - 19910407 (1 October 1990 - 7 April 1991).
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 amending Item 18 of the FSM's DD Form 214 to include the entry: Operation Desert Shield/Storm, Southwest Asia Service from 19901001 - 19910407.
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 changing the dates the FSM spent in the DEP.
_______ _ 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) AR20080013424
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