IN THE CASE OF:	  
		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080014721 


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, correction to his dates of service in Saudi Arabia, Somalia, Hungary, and Nicaragua shown in Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 January 2007. 

2.  The applicant states, in effect, that Item 18 should show he served in Saudi Arabia from 22 September 1990 to 26 March 1991, in Somalia from 11 December 1992 to 27 June 1993 [sic], in Hungary from 3 November 1997 to 2 July 1998, and in Nicaragua from 12 December 1998 to 3 February 1999.  He also states, in effect, that the person who prepared his DD Form 214 agreed that the information was incorrect.  He was advised that submitting a DD Form 149 (Application for Correction of Military Record) should get it corrected.  Also, he was in the Primary Leadership Development Course (PLDC) in March 1992, not in Somalia.  He further states that he could not have returned from Nicaragua in February 1998 if he arrived there in December 1998.  The error caused a mistake on his old 201 file
(DA Form 2-1, Personnel Qualification Record – Part II) not to be removed.   

3.  In support of his application, the applicant provides copies of his DA Form
2-1, Section I; his Operation Desert Storm Certificate of Achievement; his PLDC diploma; his Army Achievement Medal award certificate; his Recommendation for Award of the Humanitarian Service Medal memorandum; his Army Commendation Medal award certificate; his 2001 and 2005 Meritorious Service Medal award certificates; and his 2007 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 9 September 1980, for 3 years.  He was honorably released from active duty at the expiration of his term of service on 8 September 1983.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was honorably discharged from the USAR on 24 August 1989.

2.  The applicant enlisted in the Regular Army, in pay grade E-4, on 28 December 1989.

3.  The applicant's copy of his DA Form 2-1, Item 5 (Oversea Service), shows he served in Korea from 21 February 1981 to 20 February 1982 and in Saudi Arabia from 22 September 1990 to 26 March 1991.

4.  The applicant also submitted a copy of his Operation Desert Storm Certificate of Achievement, dated 8 May 1991, which was awarded for his exceptionally outstanding service during Operation Desert Storm.  He also submitted a copy of his PLDC diploma that shows he completed the course on 13 March 1992.

5.  The applicant's DA Form 2-1 further shows he served in Somalia from 11 December 1992 to 26 June 1993.  He also submitted a copy of his Army Achievement Medal award certificate, which was awarded for his exceptionally meritorious achievement during Operation Restore Hope from 11 December 1992 to 29 June 1993.

6.  The applicant's DA Form 2-1 also shows he served again in Korea from 28 November 1995 to 26 November 2006 [sic - should read 1996).  He further submitted a copy of his Army Commendation Medal award certificate, which was awarded for his meritorious service from 27 November 1995 to 26 November 1996.

7.  The applicant's DA Form 2-1 further shows he served in Hungary from 3 November 1997 to 2 July 1998 and in Nicaragua from 13 December 1998 to 3 February 1999.  He further submitted a copy of his Recommendation for Award of the Humanitarian Service Medal for serving as a member assigned to the Hurricane Mitch Disaster Relief Operation in Central America during the period 28 October 1998 to 20 February 1999.  The DA Form 2-1 also shows he served in Korea from
9 July 2000 to 8 July 2001 and from 20 January 2004 to 20 January 2005.  He also submitted copies of his Meritorious Service Medal award certificates, which were awarded for his meritorious service for the periods 9 July 2000 to 8 July 2001 and 20 January 2004 to 20 January 2005.
8.  The available records do not contain orders or other documentary evidence that corresponds to or show his dates of arrival and departure for his service in Saudi Arabia, Somalia, Hungary, and Nicaragua.

9.  The applicant was honorably released from active duty, in pay grade E-8, on 31 January 2007, for the purpose of retirement, and was transferred to the USAR Control Group (Retired).

10.  Item 18 of his DD Form 214 shows service in Saudi Arabia from                    8 September 1990 to 8 January 1991, service in Somalia from 27 March 1991 to 27 January 1993, service in Hungary from 2 July 1998 to 3 November 1998, and service in Nicaragua from 13 December 1998 to 3 February 1998.  

11.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states, in pertinent part, that foreign service performed during the period covered by the DD Form 214 will be entered in Item 12f.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted ROTC Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.  However, for active duty Soldiers deployed with their unit during their continuous period of active service, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) from (Inclusive dates for example, YYYYMMDD-YYYYMMDD) will be entered in Item 18 of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not correctly reflect his dates for his service in Saudi Arabia, Somalia, Hungary, and Nicaragua.

2.  The preponderance of the evidence of record shows the applicant served in Saudi Arabia from 22 September 1990 to 26 March 1991, in Somalia from             11 December 1992 to 26 June 1993, in Hungary from 3 November 1997 to 2 July 1998, and in Nicaragua from 13 December 1998 to 3 February 1999.  Therefore, the applicant is entitled to a correction of his DD Form 214, Item 18, to read:  SERVICE IN SAUDI ARABIA FROM 19900922 - 19910326; SERVICE IN SOMALIA FROM 19921211 - 19930626; SERVICE IN HUNGARY FROM 19971103 - 19980702; and SERVICE IN NICARAGUA FROM 19981213 - 19990203.
  
3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, dated 31 January 2007, Item 18 (Remarks) to show the entry, SERVICE IN SAUDIA ARABIA FROM 19900922-19910326, SERVICE IN SOMALIA FROM 19921211-19930626, SERVICE IN HUNGARY FROM 19971103-19980702, and SERVICE IN NICARAGUA FROM 19981213-19990203; and by providing him a corrected separation document that includes this correction.



      __________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)                                         AR20080014721



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ABCMR Record of Proceedings (cont)                                         AR20080014721



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