IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20110003630
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 reconsideration of his request that his records be corrected to show he was attached to the Main Command Post of the 24th Infantry Division in Iraq while serving in support of Operation Desert Storm.
2. The applicant states new evidence should help show he was attached to the 24th Infantry Division during Operations Desert Shield and Desert Storm.
3. The applicant provides a statement from his officer in charge during Operations Desert Shield and Desert Storm.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060004309 on 31 October 2006 and reconsidered in ABCMR Docket Number AR20070000953 on 14 November 2007.
2. The statement from his former officer in charge is new evidence which requires that his case be reconsidered by the ABCMR.
3. He enlisted in the Regular Army on 14 February 1989. He had 3 years, 7 months, and 17 days of previous active duty and 3 years, 6 months, and 24 days of previous inactive service.
4. On 6 April 1989, he was assigned to Company B, 25th Signal Battalion.
5. His DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 11 September 1990 to 26 March 1991. Item 35 (Record of Assignments) shows he was assigned to the 25th Signal Battalion from 6 April 1989 to 19 March 1992. However, there are no entries showing he was assigned to the 24th Infantry Division Main Command Post.
6. On 30 November 2005, he was retired and placed on the Retired List on the following day.
7. The applicant submitted a letter from Chief Warrant Officer Three J____ D. H____, Retired, dated 23 September 2010, who stated he was assigned to the 25th Signal Battalion, 35th Signal Brigade (Corps) (Airborne), during the period 28 June 1990 through 21 May 1992 as the officer in charge of the battalion's consolidated Communications-Electronics (C-E) Maintenance Facility. The applicant worked for him as the senior 29E (Radio Repairer) in their facility. He stated that in February 1991 he received verbal orders from the battalion commander to select and prepare an experienced 29E to be attached to the 24th Infantry Division for its assault into Iraq. The 29E's duties would be to provide radio repair support to a team being attached to the 24th Infantry Division Main Command Post. They gathered spare radio parts, tools, and portable test equipment that the applicant took with him.
8. The warrant officer stated the applicant did not return to his unit until sometime in early March, well after the ground war in Iraq was over. He recommended the applicant for a Bronze Star Medal which was downgraded to an Army Commendation Medal.
9. The warrant officer was the reviewer on the applicant's Noncommissioned Officer Evaluation Report for the period July 1990 to June 1991.
10. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. Chapter 5 provides item-by-item preparation instructions for the DA Form 2-1 and states the organization and station to which a member is assigned will be entered in item 35.
DISCUSSION AND CONCLUSIONS:
1. The statement submitted by the applicant was signed by a warrant officer who stated he was the officer in charge of the battalion's consolidated C-E Maintenance Facility. According to the statement, the warrant officer sent the applicant to work with the 24th Infantry Division Main Command Post and he was there from February to March 1991. This warrant officer was also the reviewer on the applicant's Noncommissioned Officer Evaluation Report for the period July 1990 to June 1991.
2. The applicant's official military personnel file does not contain any evidence he was assigned to the 24th Infantry Division Main Command Post, and the applicant does not contend that he was assigned to the 24th Infantry Division Main Command Post.
3. The ABCMR accepts as true the statement from the warrant officer that he sent the applicant to the 24th Infantry Division Main Command Post for duty during the period February and March 1991. However, because there are no written orders or other substantive evidence that he was assigned to the 24th Infantry Division Main Command Post, there are no corrections to be made to his DA Form 2-1. Therefore, there is an insufficient basis to grant his request.
4. However, this Record of Proceedings along with his application and supporting documents will be filed in his military record in order provide clarity and to deal with any confusion that might arise regarding the areas in which he served. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's record of military service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decisions of the ABCMR set forth in Docket
Number AR20060004309, dated 31 October 2006, and in ABCMR Docket Number AR20070000953, dated 14 November 2007.
___________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) AR20110003630
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