IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100022074 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) and U.S. Army Reserve Personnel Center (DARP) Form 249 (Chronological Statement of Retirement Points) to reflect the highest grade she attained was first lieutenant (1LT)/O-2
* correction of her DD Form 214 to reflect she was promoted to the rank of sergeant (SGT)/E-5 and she was appointed to the rank of corporal (CPL)/E-4
* correction of her DD Form 214 to reflect her completion of the Primary Leadership Development Course (PLDC)
* correction of her DD Form 214 to reflect award of the Kuwait Liberation Medal-Saudi Arabia (KLM-SA)

2.  The applicant states the errors are the result of administrative oversights.  The supporting documentation was not reviewed at the time of her discharge.  She was not fully aware of the errors due to a lack of knowledge of the discharge process and confusion between active service and Reserve service.

3.  The applicant provides a list of supporting documents in her application.

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 on 29 May 1985 and served until she was honorably released from active duty (REFRAD) on 13 January 1987 due to pregnancy.  She was transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  On 8 January 1989, she completed the non-resident Reserve Component PLDC.  The period of the course was 29 October 1988 to 8 January 1989.

4.  On 14 December 1990, the applicant was ordered to active duty in support of Operations Desert Shield/Desert Storm.  On 9 February 1991, she was laterally appointed to the rank of CPL until completion of her duty in Operation Desert Storm.

5.  On 20 June 1991, she was promoted to the rank of SGT and she was honorably REFRAD due to the expiration of her term of service on 22 July 1991.  Her DD Form 214 reflects her rank and pay grade as specialist four/E-4 and shows she was awarded the Army Service Ribbon, National Defense Service Medal, Southwest Asia (SWA) Service Medal with three bronze service stars, Army Good Conduct Medal, Overseas Service Ribbon, Army Commendation Medal with 2nd Oak Leaf Cluster, Army Achievement Medal, Army Reserve Component Overseas Training Ribbon, Army Lapel Button, and KLM in block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).  Her DD Form 214 shows no courses completed in block 14 (Military Education).  Her DD Form 214 shows service in SWA from 12 January 1991 to 28 June 1991.

6.  On 24 July 1994, she was appointed as a USAR second lieutenant (2LT)/O-1 in the Army Nurse Corps.  She was promoted to the rank of 1LT on 23 April 1994.  On 12 February 1997, she was honorably discharged from the USAR.

7.  The DARP Form 249 provided by the applicant shows her highest pay grade was 2LT as of 11 April 1994.

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the active duty grade or rank and pay grade in effect at the time of separation will be entered on the DD Form 214.  It also provides that formal in-service (full-time attendance) training courses completed during the period covered by the DD Form 214 will be listed in block 14.  The regulation also provides that the DD Form 214 serves as a snap-shot in time and only information that is in effect at the time the DD Form 214 is issued is authorized for entry on that form.  Subsequent events that occur will not be entered on the form retroactively unless they occurred during the period covered by the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states the KLM-SA was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

10.  Army Regulation 600-8-22 states the Kuwait Liberation Medal-Kuwait 
(KLM-KU) was approved on 7 August 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 contention that her DD Form 214 should be corrected to reflect that her rank was that of SGT/E5 has been noted and is found to have merit.  She was promoted to the rank of SGT on 20 June 1991 and that information should be reflected on her DD Form 214 for the period ending 22 July 1991 at this time.

2.  Her contention that her DD Form 214 should be corrected to add the KLM-SA has also been noted and is found to have merit.  She served in SWA during a qualifying period for award of the KLM-SA.  She is also entitled to award of the KLM-KU for the same qualifying period of service.  Accordingly, they should be added to her DD Form 214 at this time.

3.  Her contention that her DARP Form 249 should be corrected to show her highest pay grade was 1LT has been noted and is found to lack merit.  The DARP Form 249 provided by the applicant is dated 11 April 1994 and the applicant was not promoted to the rank of 1LT until 23 April 1994.  Accordingly, that form was correctly prepared at the time.

4.  The applicant's contention that her DD Form 214 should reflect that she was appointed to the rank of CPL has been noted and is found to lack merit.  Her appointment to the rank of CPL was a temporary appointment that was only valid for the period she served in SWA and is not authorized for permanent entry in her records.  Additionally, she was promoted to the rank of SGT and that is the only rank that is authorized for entry on the DD Form 214 for the period in question.

5.  The applicant's contention that her DD Form 214 should reflect that she attained the rank of 1LT has also been noted and is found to lack merit.  Her appointment and subsequent promotion as an officer occurred after the period covered by the DD Form 214.  Accordingly, it is not authorized for entry on that form.

6.  The applicant's contention that her completion of PLDC should be entered on her DD Form 214 has also been noted and is found to lack merit.  Only formal (full-time attendance) courses completed during the period covered by the DD Form 214 are authorized for entry on the DD Form 214.  Her completion of PLDC does not meet any of the criteria for entry on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the entries in blocks 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of her DD Form 214 for the period ending 22 July 1991
* entering "SGT" in block 4a of her DD Form 214 for the period ending 22 July 1991
* entering "E-5" in block 4b of her DD Form 214 for the period ending 22 July 1991
* entering "1991 06 20" in block 12h of her DD Form 214 for the period ending 22 July 1991
* deleting the KLM from block 13 of her DD Form 214 for the period ending 22 July 1991
* adding the KLM-SA and KLM-KU to block 13 of her DD Form 214 for the period ending 22 July 1991

2.  The Board further determined 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 adding her appointment to CPL; changing her rank on her DARP Form 249, dated 11 April 1994, to reflect the rank of 1LT; adding her rank of 1LT to her DD Form 214; and adding her completion of PLDC to her DD Form 214.



      _______ _  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)                                         AR20100022074



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ABCMR Record of Proceedings (cont)                                         AR20100022074



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