BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20090020287 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* change block 6 (Reserve Obligation Termination Date) to show zero
* change block 7a (Place of Entry into Active Duty) to show Fort Polk, Louisiana
* change block 12a (Date Entered Active Duty this Period) to show 
"73 05 01"
* change block 12c (Net Active Service this Period) to show "20 00 00"

2.  He also requests correction of National Archives and Records Administration (NA) Form 13038 (Certification of Military Service) to show he served until 4 June 1993 and to show his last rank was staff sergeant.

3.  The applicant states the person typing his DD Form 214 put someone else's information on his form or was incompetent.  He further states the 3-year statute of limitations should be waived because he gave his country 20 years of his life with honor and loyalty and would do it again.  

4.  The applicant provides:

* a copy of his DD Form 214
* an NA Form 13038 
* copies of three DA Forms 3683 (Leave and Earnings Statement)
* a letter from the Directorate for Retired/Annuitant Pay
* Orders 161-516, Headquarters, U.S. Army Signal Center and Fort Gordon, dated 9 June 1992
* a DA Form 2339 (Application for Voluntary Retirement)

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 enlisted in the Regular Army for 2 years on 31 May 1973 and attended Basic Combat Training (BCT) at Fort Polk, Louisiana.  Upon completion of BCT he was trained in and awarded military occupational specialty (MOS) 54B (Decontamination Specialist).  He served in MOS 54B and MOS 54E (Nuclear, Biological, and Chemical (NBC) Specialist) during his Army career. 

3.  On 4 April 1975, the applicant extended his enlistment for 12 months, and on 16 March 1976, he reenlisted for 4 years.

4.  On 5 June 1979, the applicant reenlisted in the Regular Army for 4 years.  A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows he reenlisted at Coleman Barracks, Mannheim, Germany APO 09028.  

5.  On 1 April 1983, the applicant reenlisted for 6 years, and on 3 June 1988, he reenlisted for 5 years.

6.  On 31 May 1993, the applicant retired after completing 20 years of active military service.  

7.  The applicant's record includes two DD Forms 214.  

	a.  A partially legible DD Form 214 included on microfiche in the applicant's Official Military Personnel File documents his first enlistment from 31 May 1973 to 15 March 1976, and appears to show he entered service at an AFEES (Armed Forces Examining and Entrance Station) in Louisiana.  

	b.  A second DD Form 214 documents the applicant's service from 5 June 1979 to his retirement on 31 May 1993.  This document shows the following:

* in item 6, "2003 05 30"
* in item 7a, Fort Gordon, GA
* in item 12a, "79 06 05"
* in item 12c, "13 11 26"
* in item 12d, "06 00 04"

8.  The record does not include a DD Form 214 documenting the applicant's service from 16 March 1976 to 4 June 1979.  The NA Form 13038 documents this service.

9.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  In October 1979, the regulation no longer required that a 
DD Form 214 be issued each time an enlisted Soldier was discharged for the purpose of immediate reenlistment.  At the time, the regulation provided that, when a DD Form 214 was issued, item 12a would reflect the first day of the last immediate reenlistment for which a DD Form 214 was not issued.

10.  The version of Army Regulation 635-5 in effect at the time of the applicant's retirement states DOD policy required a Soldier with no previous military service who enlisted or was appointed before 1 Jun 84 to serve a period of 6 years.  The military service obligation (MSO) started on the date of initial enlistment or appointment in the RA, ARNG, or the USAR to include the Delayed Entry Program (DEP).  The regulation specified that for a Soldier discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, “00 00 00” would be entered in item 6 of the DD Form 214.

11.  Review of the applicant's records indicates entitlement to an award not shown on his DD Form 214.

12.  The applicant's record shows he was awarded the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal (Saudi Arabia).  The record also shows he served in Southwest Asia during the period 26 October 1990 to 17 April 1991.

13.  Army Regulation 600-8-22 (Military Awards) states 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's request for correction of blocks 6, 7a, 12a, and 12c of his retirement DD Form 214 was carefully considered and found to be partially supported by the evidence.

2.  The ABCMR is limited to correcting Army records.  It is not within the ABCMR's purview to correct records and/or documents issued by the National Archives and Records Administration (NARA).  NARA issues an NA Form 13038 when an individual's separation documents are illegible or missing from the record.  In this case, the applicant's record contains a partially legible DD Form 214 and is missing a DD Form 214.  Accordingly, NARA issued an NA Form 13038 which, like the DD Form 214, serves as an official certification of his service from 31 May 1973 to 4 June 1979.  The evidence of record shows the NA Form 13038 provided by the applicant accurately reflects his service during the period 31 May 1973 to 4 June 1979.

3.  The applicant's MSO expired on 30 May 1979.  He is entitled to correction of his retirement DD Form 214 to show he had no Reserve obligation.  

4.  Although the applicant states his retirement DD Form 214 should be corrected to reflect he entered active duty at Fort Polk, the evidence of record shows, on 
5 June 1979, the applicant reenlisted at Coleman Barracks in Mannheim, Germany.  Therefore, he is entitled to correction of his retirement DD Form 214 to show he entered active duty at Coleman Barracks, Mannheim, Germany APO 09028. 

5.  The applicant's active military service is equal to the sum of the entries in items 12c and 12d of the DD Form 214 issued when he retired.  The sum of items 12c and 12d is 20 years, which is an accurate statement of his active military service.  Therefore, there is no correction required.  

6.  The evidence of record shows the applicant served in Southwest Asia in support of the Persian Gulf War.  Therefore, he is entitled to correction of his record to show award of the Kuwait Liberation Medal (Kuwait).  




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 6 of his retirement DD Form 214 the entry "2003 05 30,"

	b.  adding to item 6 of his retirement DD Form 214 the entry "0000 00 00,"

	c.  deleting from item 7a of his retirement DD Form 214 the entry "Fort Gordon, GA,"

	d.  adding to item 7a of his retirement DD Form 214 the entry "Coleman Barracks, Mannheim, Germany APO 09028," and 

	e.  adding to item 13 of his DD Form 214 the entry "Kuwait Liberation Medal (Kuwait)."

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 correcting his DD Form 214 to show he entered service at Fort Polk, LA, and correcting his NA Form 13038.  




      _______ _   _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)                                         AR20090020287





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ABCMR Record of Proceedings (cont)                                         AR20090020287



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