IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080016738
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 through a Member of Congress, in effect, reconsideration of his request to show he was awarded the Combat Infantryman Badge (CIB) and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also requests, in effect, that item 18 (Remarks) of his DD Form 214 be amended to show his foreign service credit in Southwest Asia.
2. The applicant states through a Member of Congress, in effect, that he was trying to get orders stating that he was awarded the CIB. When he got out of the service, the CIB was not on his DD Form 214 because he left before the orders were processed. He also states that his DD Form 214 shows he was awarded the Southwest Asia Service Medal with two bronze service stars and this means that he was there for Desert Shield/Storm.
3. In support of his request for reconsideration, the applicant provides copies of his Standard Form 180 (Request Pertaining to Military Records), an Archival Record date page, and Permanent Orders Number 26-24.
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 AR20080000991 on 27 June 2008.
2. The applicant provided new evidence that will be considered by the Board.
3. The applicant submits a copy of Permanent Orders Number 26-24, dated 18 April 1991, awarding him the CIB, for proficiency in the performance of duties under hazardous combat operations, for the period from 24 February through 26 February 1991. This award is not shown on his DD Form 214.
4. The applicant's Personnel Qualification Record Part II shows he served in Germany from 16 December 1981 through 5 October 1989, a period of 2 years, 9 months, and 20 days, and in Saudi Arabia from 27 December 1990 to 15 May
1991, a period of 4 months and 19 days.
5. The applicant was separated from active duty on 27 September 1991. He was issued a DD Form 214 that shows in item 12f (Foreign Service) credit for 3 years, 2 months, and 9 days for his service in Saudi Arabia and Germany. Item 18 (Remarks) does not contain an entry for the country and dates of deployment.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, specified that a DD Form 214 would be prepared for individuals who were retired, discharged, or released from released from active duty. The total amount of foreign service completed, for the period covered by the DD Form 214, would be entered in item 12f. At the time of the applicants release from active duty, there were no provisions to list deployment information and country and dates of deployment in item 18. The regulation only required that the amount of foreign service would be taken from the Soldiers Enlisted Qualification Record or, if necessary, verified from the Soldiers Military Personnel Records Jacket, and entered in item 12f.
7. Army Regulation 635-5, the version currently in effect, requires an entry in item 18 to show a member's deployment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his award of the CIB. The evidence submitted by the applicant confirms he was awarded the CIB on 18 April 1991; however, this award is not shown on his DD Form 214. Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.
2. The applicants contention that his service in Southwest Asis is not shown on his DD Form 214 is acknowledged. At the time of the applicant's release from active duty the regulation governing the processing of the DD Form 214 only required that the amount of foreign service be entered in item 12f with no provisions to list deployment information and country and dates of deployment in item 18. However, as an exception to policy in this case and under current standards, item 18 of the applicant's DD Form 214 should be corrected to show his last country of deployment and dates. Therefore, the entry "Service in Saudi Arabia from 19901227-19910515" should be added to Item 18 of his DD Form 214.
3. In view of the foregoing, the applicants 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:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20080000991, dated 27 June 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Combat Infantryman Badge, by adding to item 18 the entry "Service in Saudi Arabia from 19901227-19910515" and by providing him a corrected separation document that includes this award and 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) AR20080016738
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ABCMR Record of Proceedings (cont) AR20080016738
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