BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090011867
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 reconsideration of the Army Board for Correction of Military Records (ABCMR) denial of his request for medical retirement. He also requests reconsideration of the dates entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) showing his service in Southwest Asia.
2. The applicant states, in effect, that he believes the medical board would have made a different recommendation in his case if evidence of his service in Iraq had been included in his record and if evidence that he was injured in Iraq had been available. He also states the dates of his service in Southwest Asia are incorrect. He arrived there earlier than 22 February 1991.
3. The applicant provides a copy of a Standard Form 600 (Chronological Record of Medical Care) in support of his application.
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 AR20080004571, dated 22 July 2008.
2. The applicant's issue concerning medical retirement was initially addressed in ABCMR Docket Number AR20060011199 on 15 March 2007 and his request for reconsideration was addressed in ABCMR Docket Number AR20080004571 on 22 July 2008. The previous decision involving his request for reconsideration for a medical retirement was the final administrative action that will be taken by the Secretary of the Army. The applicant and his Congressional representative have been notified by separate correspondence the applicant has the option to seek relief in a court of appropriate jurisdiction. As such, a medical retirement will not be discussed further in these proceedings.
3. In the original decision the ABCMR recommended that item 18 (Remarks) of the applicant's DD Form 214 be amended by adding the entry "SERVICE IN SOUTHWEST ASIA FROM 910222 -910407" (1991 February 22 - 1991 April 7).
4. The applicant's statement that he was in Saudi Arabia earlier than
22 February 1991 is a new argument which requires his case to be reconsidered by the ABCMR.
5. The applicant's military personnel records show he enlisted in the Regular Army on 24 February 1976. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Infantryman). He reenlisted on 30 November 1978 and 4 November 1982.
6. A Standard Form 600 (Chronological Record of Medical Care) documents the applicants treatment at the 101st Airborne Division at Camp Eagle II in Saudi Arabia on 27 November 1990. According to the treatment record the applicant arrived in Saudi Arabia on 23 November 1990 and began Desert Indoctrination Training.
7. On 10 June 1992, the applicant was discharged by reason of physical disability with severance pay.
8. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from
2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.
9. The DMDC Desert Shield/Storm Data Base lists the applicant as participating in-theater during the period from 22 February 1991 to 7 April 1991.
10. A form, printed at the National Personnel Records Center (NPRC), St. Louis, MO, entitled "Results of Desert Shield/Storm Database Inquiry" shows the applicant participated in-theater during the period from 22 February 1991 to
7 April 1991. The source for this information is listed as the DMDC data base. However, at the bottom of the form there is a note that states some of the "From - To" dates on the DMDC Desert Shield/Storm data base may be "constructed" and not reflect actual dates.
11. Army Regulation 635-5 (Separation Documents), in pertinent part, provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 22 February 1991 to 7 April 1991. However, a note on the printout from NPRC states the "From - To" dates on the data base may be "constructed" and not reflect the actual dates.
2. The Standard Form 600 shows the applicant was in Saudi Arabia on
27 November 1990 when he received treatment for his ankle. According to the treatment record the applicant had arrived in Saudi Arabia on 23 November 1990.
3. Therefore, in view of the above, it would be appropriate to amend the applicant's DD Form 214 to show "SERVICE IN SOUTHWEST ASIA FROM 19901123 TO 19910407" (1990 November 23 to 1991 April 7).
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 amendment of the ABCMRs decision in Docket Number AR20080004571, dated 22 July 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of the applicant's DD Form 214 to show "SERVICE IN SOUTHWEST ASIA FROM 19901123 TO 19910407."
_______ _ 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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