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ARMY | BCMR | CY2010 | 20100013517
Original file (20100013517.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100013517 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service as follows:

* Germany from 9 August 1990 to 4 April 1994
* Southwest Asia (SWA) from 6 January 1991 to 4 June 1991
* Korea from 10 December 1997 to 11 December 1998

2.  The applicant states his DD Form 214 clearly shows the awards he earned during the overseas assignments.

3.  The applicant provides a DD Form 214, two Noncommissioned Officer Evaluation Reports, an Enlisted Record Brief (ERB), and a Certificate of Appreciation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 January 1986. 

2.  Section I (Assignment Information - Overseas Duty) of his ERB shows he returned from Germany in May 1994 after having served 45 months there and returned from Korea in December 1998 after a 12-month tour.  Based on the ERB's entries pertaining to his overseas service, the exact dates of this service cannot be calculated.

3.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  This data base shows he served in SWA from 7 May 1991 to 31 July 1991, indicating that he deployed to SWA while stationed in Germany.

4.  On 31 July 2006, he was retired and transferred to the retired list.  Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows, among other awards, the SWA Service Medal with one bronze service star and the Korea Defense Service Medal.  Item 18 (Remarks) does not show any deployment dates.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides standardized policy for the preparation of the DD Form 214 and states:

	a.  that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f; and

	b.  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's request for correction of his DD Form 214 to show his overseas service has been carefully reviewed.

2.  He contends that he served in SWA from 6 January 1991 to 4 June 1991; however, the Desert Shield/Storm Data Base shows he served in SWA from 
7 May 1991 to 31 July 1991.  The information contained in the Desert Shield/Storm Data Base, which is an official data base used to verify service in SWA during the time frame he served there, should be used to correct item 18 of his DD Form 214 to show his dates of deployment to SWA.

3.  Evidence confirms that he served in Germany for 45 months and in Korea for 
12 months for a total of 4 years and 9 months.  The governing regulation provides that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  Because the entries on the ERB pertaining to his overseas service do not specify the specific day of his return from overseas, it would be appropriate to correct item 12f to show 4 years and 
9 months of foreign service.

4.  He also requests to have the specific dates of his service in Germany and Korea entered in his DD Form 214; however, this service was as a result of permanent change of stations and not deployments.  The governing regulation provides that only deployments are to be shown in item 18 of the DD Form 214.  Therefore, this portion of his request should be denied.

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.  adding to item 12f of his DD Form 214 the entry "04  09  00" and 

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910507 - 19910731."

2.  The Board further determined that the evidence presented was 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 item 18 of his DD Form 214 to show he served in SWA from 6 January 1991 to 4 June 1991 and to show the dates of his service in Germany and Korea.


      _______ _   _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)                                         AR20100013517



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ABCMR Record of Proceedings (cont)                                         AR20100013517



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