BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090013654 


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 correction of his final DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states that block 7a (Place of Entry into Active Duty) should read Phoenix, AZ.  Block 12a (Date Entered AD This Period) should read 1994 04 11.  He also believes block 12c (Net Active Service This Period) should read 
4 years, 6 months and 8 days and that block 12d (Total Prior Active Service should read 8 years, 9 months and 4 days.

3.  The applicant provides, in support of his request, copies of a 20 July 2009 letter from the Department of Veterans Affairs (VA), and each of his three DD Forms 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army and entered active duty on 
18 June 1986.  When he was separated on 17 June 1990, he had served exactly 4 years of active duty.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) in pay grade E-4.



2.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized Awards) of his 17 June 1990 DD Form 214 lists his authorized awards as the Army Service Ribbon, Good Conduct Medal, Army Achievement Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver "W" Bar.

3.  The applicant was recalled to active duty for Operation Desert Shield / Desert Storm on 31 January 1991 and was release from active duty and returned to the USAR on 26 April 1991.  He had served 2 months and 26 days.

4.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized Awards) of his 26 April 1991 DD Form 214 lists his authorized awards as the Army Achievement Medal, Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Driver and Mechanic Badge with Driver "W" Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

5.  A subsequent DD Form 215 (Correction to DD Form 215) added the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal to his authorized awards.

6.  On 12 April 1994, at the Phoenix, AZ Military Entrance Processing Station (MEPS) the applicant enlisted as a specialist (E-4) in the Regular Army for a period of 3 years. On 12 August 1996, he reenlisted for 6 years.  

7.  The applicant was awarded the Army Commendation Medal for the period 28 July 1996 to 5 January 1997.  He was awarded the Army Achievement Medal for the period 10 April to 3 May 1997, and another for the period 12 September to 8 October 1997.  

8.  On 19 October 1998, he was transferred to the Temporary Disability Retired List (TDRL) in pay grade E-5. On 18 December 2000 he was removed from the TDRL and discharged due to physical disability with severance pay.

9.  His final DD Form 214 shows the following information in the block indicated:
   
   7a (Place of Entry Into Active Duty) "HAAF, GA;"

   12a, (Date Entered Active Duty)        "1990 01 16;

   12b (Separation date This Period)     "1998 10 19;

	12c (Net Active Service This Period) "0008 09 04;"

   12d (Total Prior Active Service)         "0000 00 00;"
   
   12e (Total Prior Inactive Service)       "0000 04 14"
   
10.  His DD Form 214 in block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized Awards) shows "Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Driver and Mechanic Badge with Driver "W" Bar."

11.  The applicant's DA Form 2-1 - Part II, item 9 (Awards Decorations, Campaigns) lists the Southwest Asia Service Medal with two bronze service stars, Army Achievement Medal (Second award) Army Good Conduct Medal, Driver and Mechanic Badge with Driver Badge, Kuwait Liberation Medal–Saudi Arabia (KLM-SA), Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Commendation Medal and the third and fourth awards of the Army Achievement Medal.

12.  Army Regulation 635-5 (Personnel Separations) provides the guidance for completing the DD Form 214. Paragraph 2-3 lists the acceptable source documents for this task as the enlisted record brief (ERB); officer record brief (ORB); separation approval authority documentation, if applicable; separation order; and "any other document authorized for filing in the Official Military Personnel File. 

13.  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 from 2 August 1990 through 30 November 1995.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service stars.

14 The awards regulation also shows that the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his final DD Form 214 and states that block 7a (Place of Entry into Active Duty) should read Phoenix, AZ.  Block 12a (Date Entered AD This Period) should read 1994 04 11.  He also believes block 12c (Net Active Service This Period) should read 4 years, 6 months and 8 days and that block 12d (Total Prior Active Service) should read 8 years, 9 months and 4 days.

2.  The applicant did enter his final period of active duty at Phoenix, AZ on 
12 April 1994.  Blocks 7a and 12a of the form should be corrected accordingly. 
3.  He is correct that the period from 12 April 1994 until he was placed on the 
TDRL on 19 October 1998 is 4 years, 6 months and 8 days.  Block 12c should be corrected to read "0004 06 08."

4.  Prior to his final enlistment on 12 April 1994 the applicant had served exactly 4 years on active duty during his first enlistment and 2 months and 26 days when he was recalled to active duty for Operation Desert Shield/Desert Shield.  Block 12d should be corrected to show "0004 02 26."

5.  His inactive duty service is comprised of: 

   a.  7 months and 5 days between the end of his initial Regular Army enlistment and his recall for Operation Desert Shield/Desert Storm; and 
   
    b.  2 years 9 months and 17 days between his release from active duty following Operation Desert Shield/Desert Storm and  final Regular Army enlistment for a total of 3 years 4 months, and 22 days.

6.  The list of awards on the applicant's final DD Form 214 omits both some of the awards from his prior periods of service and some from that final period.  All  of his awards should be listed as the Army Commendation Medal, Army Achievement Medal with third Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Army Service Ribbon, Kuwait Liberation Medal (KLM-SA), Kuwait Liberation Medal (KLM-K)Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver "W" 

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 issuing him a new DD Form 214 for the period ending 19 October 1998 showing:

   a.  Phoenix, AZ in block 7a;

   b.  "1994 04 12" in block 12a;
   
   c.  "0004 06 08" in block 12 c; 

	d.  "0004 02 26" in block 12d;

   e.  "0003 04 22" in block 12e; and 
   
   f.  "Army Commendation Medal, Army Achievement Medal with third Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Army Service Ribbon, Kuwait Liberation Medal (KLM-SA), Kuwait Liberation Medal (KLM-K)Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver "W" in block 13.
   
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 showing his total prior active service as 8 years 9 months and 4 days since that figure reflects his total active service not his total prior active service. 

   
 




      _______ _   _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)                                         AR20090013654





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ABCMR Record of Proceedings (cont)                                         AR20090013654



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