IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090006024
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Saudi Arabia from
21 August 1990 to 10 April 1991 instead of Iraq. He also states that he is authorized a United States flag.
2. The applicant states, in effect, that he served in Saudi Arabia in support of Desert Shield/Desert Storm from 21 August 1990 to 10 April 1991, and not in Iraq as shown on his DD Form 214. Furthermore, he states that he signed his
DD Form 214 a month or so prior to his retirement and never received a retirement ceremony or a United States flag as shown on his DD Form 214.
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was retired as a Regular Army staff sergeant, pay grade E-6. He had completed 20 years and 26 days of creditable active duty service and was transferred to the Retired Reserve on
1 December 2006. The applicant's retirement was processed in the Republic of Korea. His address for retirement was located in the state of Ohio.
2. The applicant's Enlisted Record Brief (ERB), dated 15 November 2005, shows that he returned in April 1991 from a 7-month deployment to Saudi Arabia.
3. Item 18 (Remarks) of the applicant's DD Form 214 shows, in part, that he served in Iraq from 21 August 1990 to 10 April 1991. It further states that the applicant received a retirement flag on 3 October 2006.
4. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that Item 18 (Remarks) of the DD Form 214 for active duty Soldiers deployed with their unit during their continuous period of active service will contain a remark showing the name of the country deployed to and the inclusive dates of that deployment.
5. Army Regulation 635-5 does not provide specific instructions concerning entries regarding the receipt of a United States flag at the time of retirement.
6. "Army Echos," the periodic bulletin published and distributed to Army retirees and their families, shows that the Retirement Services Officer for the state of Ohio is located at Fort Knox, Kentucky.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 incorrectly shows that he served in Iraq from 1990-1991 and that he received a United States flag at the time of his retirement.
2. The applicant's ERB clearly shows he served for a period of 7 months in Saudi Arabia ending in April 1991. Therefore, his DD Form 214 should be corrected to show this service.
3. The applicant's contention that he did not receive a United States flag at the time of his retirement is not supported by any documentary evidence. Furthermore, the governing regulation does not require an entry regarding the receipt of a flag.
4. In view of the above, it is recommended that the applicant contact his Retirement Services Officer at Fort Knox, Kentucky, and explain the circumstances concerning the issuance of the flag.
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 18 of the applicant's DD Form 214: "Service in Iraq 19900821 - 19910410"; and
b. adding to Item 18 of the applicant's DD Form 214: "Service in Saudi Arabia 19900821 - 19910410."
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 issuance of a United States flag.
_______ _ 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) AR20090006024
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