IN THE CASE OF:	  

		BOARD DATE:	        28 May 2009

		DOCKET NUMBER:  AR20090000110 


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 of his records to show he served in Southwest Asia (SWA) during Operation Desert Storm.

2.  The applicant states, in effect, he served in Saudi Arabia in support of Operation Desert Storm from August 1990 to February 1991; however, his separation document does not show this foreign service.  He also states that he experienced some personal problems that took precedence of this issue and he has no orders to submit in support of his request.  He further states that a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) is attached; however, the document was not attached to the applicant’s request.

3.  The applicant provides no additional documentary evidence.

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 military personnel records show he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 30 August 1988 and entered the Delayed Entry/Enlistment Program (DEP).  He was discharged from the USAR on 29 November 1988, enlisted in the Regular Army for a period of 4 years and entered active duty on 30 November 1988.  Upon completion of the basic combat and advanced individual training, he was awarded military occupational specialty 57E (Laundry and Bath Specialist).

3.  The applicant’s military personnel records contain a copy of Headquarters, 573rd Personnel Service Company, Fort Bragg, North Carolina, Orders 130-34, dated 13 July 1990, that show he was reassigned from the 259th Combat Support Company, Fort Bragg, North Carolina, with an availability date of
10 September 1990 for assignment to the 21st Adjutant General Replacement Detachment (Germany).

4.  The applicant's military personnel records contain a copy of his administrative separation packet that contains, in pertinent part, a copy of Headquarters,
259th Field Service Company, Operation Desert Shield, memorandum, undated, subject:  Discharge for Patterns of Misconduct Under the Provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 (Separation for Misconduct), paragraph 14-12b (Pattern of misconduct).  One of the reasons cited for the proposed separation action was that the applicant was derelict in the performance of his duties by leaving his weapon unattended on
23 September 1990.  The separation packet shows the applicant was notified of the recommendation for administrative separation on 6 December 1990 and that he was advised by consulting counsel of the basis for the contemplated action to separate him on 13 December 1990. 

5.  On 27 December 1990, the colonel serving as Commander, 1st Corps Support Command (Operation Desert Shield), and the authorized separation authority in the applicant’s case, approved the recommendation for separation and directed that the applicant be discharged under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12b, based on patterns of misconduct, and that he be issued a General Discharge Certificate.

6.  The applicant’s military personnel records contain a copy of Headquarters, 573rd Personnel Service Company (Rear), Fort Bragg, North Carolina, Orders 34-5, dated 19 February 1991, that show he was reassigned from the 259th Field Service Company, Fort Bragg, North Carolina, to the U.S. Army Fort Bragg Transition Point, Fort Bragg, North Carolina, with a reporting date of 28 March 1991 to be discharged on 2 April 1991.

7.  The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 30 November 1988 and was discharged under honorable conditions on 2 April 1991 under the provisions of Army Regulation 635-200, paragraph 14-12b, based on a pattern of misconduct.  At the time he had completed 2 years, 4 months, and 3 days of net active service this period.  Item 12 (Record of Service), block f (Foreign Service), contains the entry “00 00 00.”  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.  Item 18 (Remarks) shows he served in the DEP from 30 August 1988 through 29 November 1988; however, this item is absent any evidence that the applicant served overseas in support of Operation Desert Shield/Desert Storm.

8.  Information retrieved from the Gulf War Deployment Roster shows that the applicant was deployed to SWA from 1 September 1990 to 31 March 1991.

9.  A review of the applicant's military personnel records shows that, based on his service in support of Operation Desert Shield/Desert Storm, he may be authorized awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards), as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Southwest Asia Service Medal is awarded for service in the Persian Gulf War to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 through 30 November 1995.  

12.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Southwest Asia Conflict.  This document shows that the applicant participated in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns; a total of 2 campaigns.

13.  Army Regulation 600-8-22 also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Southwest Asia Service Medal.

14.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

15.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

17.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's separation, contains item-by-item instructions for completing the DD Form 214, as follows.

   a.  Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.
   
   b.  Item 12, block f (Foreign Service), states to enter the total amount of foreign service completed during the period covered by the DD Form 214
(i.e., item 12, block c).  Obtain the foreign service listed in Section I of the
DA Form 4037 for officers or item 5 of the DA Form 2-1 for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ and/or OMPF.

   c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedent.

   d.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their respective blocks.  The instructions also provide, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter service in the country deployed, along with the dates of service (e.g., Service in (name of country deployed) from (inclusive dates, for example YYYYMMDD - YYYYMMDD)).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show she served in Saudi Arabia in support of Operation Desert Storm from August 1990 to February 1991.

2.  The evidence of record shows the applicant deployed on 10 September 1990 for assignment to the 21st Adjutant General Replacement Detachment (Germany).

   a.  The Gulf War Deployment Roster confirms that the applicant deployed to SWA in September 1990.  In addition, the evidence of record places the applicant in SWA (Saudi Arabia) on 23 September 1990.  Thus, based on the available evidence, and in the absence of definitive evidence, it is reasonable to conclude that the applicant arrived in SWA on 23 September 1990.

   b.  The evidence of record shows, on 19 February 1991, the applicant was issued orders reassigning him from the 259th Field Service Company, Fort Bragg, North Carolina to the U.S Army Fort Bragg Transition Point, Fort Bragg, North Carolina.  Thus, based on the available evidence and in the absence of definitive evidence, it is reasonable to conclude that the applicant redeployed from SWA on 18 February 1991.

	c.  In view of the foregoing, it would be appropriate to correct item 18 of the applicant’s DD Form 214 to show he served in Saudi Arabia from 23 September 1990 through 18 February 1991.

   d.  A service computation of the applicant’s total period of overseas service
(i.e., from 10 September 1990 through 18 February 1991) equates to 5 months and 9 days.  Therefore, it would also be appropriate to correct item 12, block f, of the applicant’s DD Form 214 to show this foreign service.
3.  There is no evidence of record, and the applicant provides insufficient evidence, to show he was assigned overseas in support of Operation Desert Shield in August 1990.  Thus, the evidence of record does not support the applicant’s claim that he served in SWA beginning in August 1990.  Therefore, he is not entitled to correction of his records in this instance.

4.  Records show the applicant served a qualifying period of honorable active service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his records to show this service medal.

5.  Records show the applicant served a qualifying period in Southwest Asia for award of the Southwest Asia Service Medal.  The evidence of record also shows the applicant participated in 2 campaigns during his service in Southwest Asia.  Therefore, it would be appropriate to correct his records to show award of the Southwest Asia Service Medal with 2 bronze service stars.

6.  Records show the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia).  Therefore, it would be appropriate to correct his records to show this foreign service medal.

7.  Records show the applicant qualified for award of the Kuwait Liberation Medal (Kuwait).  Therefore, it would be appropriate to correct his records to show this foreign service medal.

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.  deleting from item 12, block f, of his DD Form 214 the entry "00" [years], "00" [months], and "00" [days];

	b.  adding to item 12, block f, of his DD Form 214 the entry "00" [years],
"05" [months], and "09" [days];

	c.  adding to item 13 of his DD Form 214 the “National Defense Service Medal, Southwest Asia Service Medal with 2 bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait); and

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19900923-19910218."

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 overseas service in SWA beginning in August 1990.  




      _______ _   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)                                         AR20090000110



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ABCMR Record of Proceedings (cont)                                         AR20090000110



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