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ARMY | BCMR | CY2009 | 20090007462
Original file (20090007462.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090007462 


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 that he served in Kuwait from 14 October 1994 through 2 December 1994.

2.  The applicant states that he served in Kuwait during Operation Vigilant Warrior from October 1994 through December 1994.

3.  The applicant provides a copy of his DD Form 214, a copy of a Certificate of Achievement for his superior participation in Kuwait during Operation Vigilant Warrior, and a copy of a Certificate of Service for faithful and exemplary performance of duty during Operation Vigilant Warrior.

CONSIDERATION OF EVIDENCE:

1.  On 1 August 1985, the applicant enlisted in the Regular Army in Pittsburgh, Pennsylvania, for 4 years in the pay grade of E-1.  He successfully completed his training as a heavy wheeled vehicle mechanic.  He remained on active duty through a series of reenlistments.

2.  The Certificate of Achievement and the Certificate of Service that the applicant submitted in support of his application show that he participated in Operation Vigilant Warrior from October 1994 through December 1994.  The Certificate of Achievement states that he conducted himself in a superior manner throughout a lengthy and difficult deployment in the Republic of Kuwait during Operation Vigilant Warrior from October 1994 through December 1994.
3.  The applicant’s DD Form 214 shows that he was honorably retired on 31 July 2008 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12, due to obtaining sufficient service for retirement.  However, item 18 (Remarks) of his DD Form 214 does not show that he had service in Kuwait from October 1994 through December 1994.

4.  Information obtained from the Defense Finance and Accounting Service reveals that per the applicant's Master Military Pay Account, he was stationed in Kuwait from 14 October 1994 through 2 December 1994.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, release from active military service, or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show service in Kuwait from October 1994 through December 1994.

2.  His contentions have been noted and the available evidence does show that he served in Kuwait from 14 October 1994 through 2 December 1994.  In accordance with Army Regulation 635-5, this information should be included on his DD Form 214.

3.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records 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 item 18 of his DD Form 214 to include the phrase "SERVICE IN KUWAIT FROM 19941014-19941202."



      ____________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.

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ABCMR Record of Proceedings (cont)                                         AR20090007462



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