IN THE CASE OF:	  

		BOARD DATE:	 30 March 2011 

		DOCKET NUMBER:  AR20100023025 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 February 1991 to show:

* the actual amount of time he served
* he served during Operations Desert Shield/Desert Storm
* he completed airborne training in August 1985
* all authorized awards

2.  He states he is attempting to "buy back" his military time to use toward his U.S. Postal Service retirement, but discrepancies in his record have resulted in denial of his request.

3.  He provides:

* correspondence from the U.S. Postal Service regarding his Military Buy Back paperwork
* his initial enlistment contract
* active duty orders
* promotion orders
* two DD Forms 214 for periods ending 15 November 1978 and 12 February 1991
* a Standard Form 180 (Request Pertaining to Military Records)


* travel orders
* a certificate showing he served in support of Operation Desert Storm

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 U.S. Army Reserve (USAR) under the Delayed Enlistment Program on 9 April 1976.  Effective 11 April 1976, he was discharged from the USAR and on 12 April 1976 he enlisted in the Regular Army (RA) for a period of 3 years.

3.  He reenlisted in the RA on 16 November 1978 for a period of 3 years.  On 19 September 1980, he extended this enlistment by 4 months for the purpose of completing a normal overseas tour in Korea.

4.  He reenlisted again for a period of 3 years on 5 March 1982 and for a period of 6 years on 14 February 1985.

5.  He was honorably discharged on 12 February 1991 by reason of reduction in authorized strength – Qualitative Early Transition Program.

6.  His DD Form 214 for the period 12 April 1976 to 15 November 1978 shows in:

* item 9a (Type of Separation) and item 9c (Authority and Reason) – he was discharged to immediately reenlist
* item 18a (Net Active Service this Period) – 2 years, 7 months, and 3 days 
* item 18b (Prior Active Service) – 0 years, 0 months, and 0 days
* item 18c (Total Active Service (a + b)) – 2 years, 7 months, and 3 days
* item 18d (Prior Inactive Service) – 3 days
* item 18e (Total Service for Pay (c + d)) – 7 years, 7 months, and 6 days


* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Army of Occupation Medal

7.  His DD Form 214 covering the period 16 November 1978 to 12 February 1991 shows in:

* item 12c (Net Active Service this Period) – 12 years, 2 months, and 27 days
* item 12d (Total Prior Active Service) – 2 years, 7 months, and 4 days
* item 12 e (Total Prior Inactive Service) – 3 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Ribbon with Numeral 3
* Army Good Conduct Medal (3rd Award)
* Army Achievement Medal with 2nd Oak Leaf Cluster
* Noncommissioned Officer Professional Development Ribbon
* Army Lapel Button

* item 14 (Military Education) – no entry pertaining to the U.S. Army Airborne School

8.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service) – he served in Korea from 17 February 1981 to 24 March 1982
* item 35 (Record of Assignments) – he was assigned for duty in Germany with the Berlin Brigade from 17 August 1976 to 17 March 1979

9.  The record is void of documentation showing he attended the U.S. Army Airborne School.

10.  Staff at the U.S. Army Airborne School reviewed attendance records and did not find that he attended the school in August 1985.

11.  His name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center.  The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  The database shows he was deployed from 1 August through 31 December 1990.

12.  The travel orders he provides show he was assigned for duty in Saudi Arabia during Operation Desert Shield.

13.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  His service coincided with the Defense of Saudi Arabia Campaign (2 August 1990 to 16 January 1991).

14.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

15.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

16.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

17.  Army Regulation 600-8-22 states the Army of Occupation Medal (AOM) with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

18.  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.

	a.  The version in effect at the time of his discharge in 1978 provided that a DD Form 214 would be issued to all personnel at the time of discharge.

	b.  The version in effect at the time of his discharge in 1991 provided that item 12a of the DD Form 214 would the beginning date of the enlistment period for which a DD Form 214 was not issued.  The regulation also provided that item 13 would include entries for all periods of service.

	c.  The regulation states for item 14 (Military Education) to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

	d.  The regulation states for an active duty Soldier deployed with his or her unit during his or her continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his DD Form 214 to show he completed the U.S. Army Airborne School.  In the absence of evidence showing he successfully completed this school, there is no basis for adding it to his DD Form 214.

2.  The evidence of record supports his request for correction of his DD Form 214 to show he served during Operation Desert Shield and to show additional awards.  The evidence partially supports his request for correction of his record to show the amount of time he served.

3.  He was deployed in support of Operation Desert Shield during the period 1 August through 31 December 1990.  He is entitled to correction of his DD Form 214 to show this service.

4.  His service makes him eligible for the AOM with Germany Clasp, SWASM with one bronze service star, KDSM, NDSM, and KLM-KU.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  His DD Form 214 for the period ending 15 November 1978 contains errors.

	a.  The form shows his net active service for the period as 2 years, 7 months, and 3 days.  However, he served from 12 April 1976 to 15 November 1978, a total of 2 years, 7 months, and 4 days.  Therefore, he is entitled to correction of item 18a and item 18c to show 2 years, 7 months, and 4 days.

	b.  Item 18e shows the sum of items 18c and 18d as 7 years, 7 months, and 6 days.  The correct sum of items 18c and 18d is:


			2 years		7 months		4 days 
		+	0 years		0 months		3 days 
			2 years		7 months		7 days

Accordingly, he is entitled to correction of item 18e to show 2 years, 7 months, and 7 days.

6.  The evidence does not show errors in item 12 (Record of Service) of his DD Form 214 for the period ending 12 February 1991.  When he was discharged to immediately reenlist in 1978, he received a DD Form 214 as required at the time.  A later policy change removed the requirement to issue a DD Form 214 to individuals discharged for immediate reenlistment.

7.  The applicant should note that when he is asked for documentation verifying his service, he should present both of his DD Forms 214, along with any associated DD Forms 215 (Correction to DD Form 214).  Taken together, these forms provide an accurate summary of his military service.

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:

	a.  deleting the following from his DD Form 214 for the period ending 15 November 1978:

* item 18a and item 18c – 2 years, 7 months, and 3 days
* item 18e – 7 years, 7 months, and 6 days 

	b.  adding the following to his DD Form 214 for the period ending 15 November 1978:

* item 18a and item 18c – 2 years, 7 months, and 4 days
* item 18e – 2 years, 7 months, and 7 days

	c.  adding the following to his DD Form 214 for the period ending 12 February 1991:
* item 13 –

* AOM with Germany Clasp
* SWASM with one bronze service star
* KDSM
* NDSM
* KLM-KU

* item 18 – "SERVICE IN SAUDI ARABIA FROM 19900801-19901231"

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 correction of his record to show he attended the U.S. Army Airborne School and correction of the time served shown on his DD Form 214 for the period ending 12 February 1991.



      ____________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)                                         AR20100023025



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023025



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1