IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110010376 


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 records to show all of his military training; his service (and duties) in Germany; his service during Operation Desert Shield/Desert Storm; his Reserve service; and all of his awards.

2.  The applicant states that his basic and advanced individual training (AIT), special weapons (nuclear weapons) training, and border patrol training are not in his file.  His service in Bamberg, Germany, and during Operation Desert Shield/Desert Storm is not of record nor is his service as a Reservist.  His records do not show his award of the Army Commendation Medal, Saudi Arabia Medal, and expert marksman badges.  He believes that his files have been deleted, misplaced, or put into someone else's files by mistake.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a German Headstart I training certificate
* an Army Achievement Medal Certificate
* a Certificate of Appreciation

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 2 November 1988.  He completed training and he was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  His record shows his first duty assignment after training was in Germany.

3.  The applicant's interactive Personnel Electronic Records Management System (iPERMS) record contains the following award orders:

	a.  Permanent Orders 67-02, issued by Headquarters, 2nd Squadron,
2nd Armored Cavalry Regiment, dated 30 August 1989, that awarded him the Army Achievement Medal for meritorious achievement during the period 1 July to 26 July 1989;

	b.  Orders Number 60-22, issued by the same headquarters, dated
20 September 1990, that awarded him the Army Achievement Medal for meritorious service during the period 11 July to 8 August 1990;

	c.  Permanent Orders 6-4, issued by the same headquarters, dated 6 July 1991, that awarded him the Driver and Mechanic Badge with Driver-W Bar; and

	d.  Permanent Orders 000016-012, issued by the 517th Personnel Service Company, 3rd Armored Cavalry Regiment, Fort Bliss, TX, dated 30 January 1992, that awarded him the Army Good Conduct Medal (1st Award) for the period 2 November 1988 to 1 November 1991.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II), last reviewed by the applicant on 24 September 1991, shows he:

	a.  completed basic combat and AIT (Field Artillery Basic) in MOS 13B under the One Station Unit Training (OSUT) program at the U.S. Army Field Artillery Training Center, Fort Sill, OK, from November 1988 to February 1989 for a period of 13 weeks;

	b.  served in Germany from 24 February 1989 through 16 August 1991; and

	c.  he was awarded the:

* Army Service Ribbon
* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Driver and Mechanic Badge with Driver-W Bar
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

5.  The applicant was honorably released from active duty on 30 October 1992 at the expiration of his term of service.  The DD Form 214 he was issued at the time shows in:

	a.  item 12f (Foreign Service) the entry "02  05  23" indicating he completed
2 years, 5 months, and 23 days of foreign service during his period of active service;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar

	c.  item 14 (Military Education) the entry "None"; and

	d.  item 18 (Remarks) does not include any indication of service during Operation Desert Shield/Desert Storm.

6.  The applicant provides an Army Achievement Medal Certificate, dated
26 June 1991, that shows he was cited for gallantry during Operation Desert Shield/Desert Storm while assigned to the 2nd Squadron, 2nd Armored Cavalry Regiment.

7.  There is no evidence of record and the applicant did not provide any evidence that shows he completed any special or nuclear weapons training or that he was awarded the Army Commendation Medal.

8.  The Gulf War Registry shows the applicant served in the theater of operations from 1 January 1991 to 26 April 1991.

9.  The unit history for the 2nd Squadron, 2nd Armored Cavalry Regiment shows the unit served in both Kuwait and Saudi Arabia during the Persian Gulf War.

10.  Pertaining to his Reserve service, his iPERMS record contains the following documents:

	a.  Orders C-08-619034, issued by the U.S. Army Reserve Personnel Center, St, Louis, MO, dated 7 May 1996, that voluntarily released him from the USAR Control Group (Reinforcement) and assigned him to Company B, 841st Engineer Battalion Combat, Orlando, FL, effective 6 May 1996;

	b.  a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) that shows while assigned to his unit in Orlando, FL, he immediately reenlisted in the USAR on 27 October 1996 for a period of 6 years;

	c.  Orders 344-25, issued by Headquarters, 81st Regional Support Command, Birmingham AL, dated 9 December 1996, that voluntarily released him from his unit in Orlando, FL and reassigned him back to the USAR Control Group (Reinforcement), effective 9 December 1996; and

	d.  Orders D-10-243612, issued by the U.S. Army Reserve Personnel Command, St. Louis, dated 29 October 2002, that honorably discharged him from the USAR effective 29 October 2002.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual
military decorations, Army Good Conduct Medal, service medals and ribbons,
combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It provides:

	a.  the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  the Southwest Asia Service Medal 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.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	c.  the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

	d.  the Kuwait Liberation Medal awarded by the Government of Kuwait 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.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and provides the following:

	a.  a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge;

	b.  for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	c.  for item 13, list awards and decorations for all periods of service in the priority sequence.  Each entry is to be verified by the Soldier's records and abbreviations are not to be used;

	d.  for item 14, 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, do not list training courses for combat skills; and 
	e.  for item 18, this section is used for HQDA mandatory requirements when a separate block is not available.  At the time of his release from active duty the current mandatory entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" was not required.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Army Commendation Medal.  Therefore, there is no basis for correcting his DD Form 214 to show this award.

2.  The applicant's iPERMS record confirms he was awarded two Army Achievement Medals by official orders, which are properly shown on his
DD Form 214.  He submits an Army Achievement Medal Certificate that shows he was awarded an Army Achievement Medal on 26 June 1991; however, his record does not contain and he did not provide the official orders awarding him the Army Achievement Medal for this period of service.  Therefore, there is an insufficient evidentiary basis for correcting his DD Form 214 to show this award.

3.  The applicant served with the 2nd Squadron, 2nd Armored Cavalry Regiment in Kuwait and Saudi Arabia during the Persian Gulf War from 1 January 1991 to 26 April 1991 and he participated in the three designated campaign phases.  Therefore, he is entitled to the Southwest Asia Service Medal with three bronze service stars and correction of his DD Form 214 to show this award.

4.  Based on this same period of service he is also entitled to Kuwait Liberation Medal issued by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal issued by the Government of Kuwait.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  There is no evidence of record and the applicant did not provide any evidence that shows he qualified expert with any weapons system; however, his record shows he qualified marksman with the M-16 rifle and sharpshooter with the hand grenade.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship qualification badges.

6.  His DD Form 214 shows he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation which was
12 September 1996.  The DD Form 214 is a summary of a Soldier's most recent 

period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  As such, there is no additional information pertaining to his Reserve service that would be entered on his DD Form 214.  Therefore, there is no required correction to his DD Form 214 pertaining to his Reserve service.

7.  At the time of the applicant's service, a specific deployment entry was not mandated on the DD Form 214.  With enhancement of benefits based on such service the current practice is to have an entry showing a Soldier's deployed service entered in item 18 of the DD Form 214.  Therefore, it would be appropriate at this time to apply current standards and correct his DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101 - 19910426."

8.  The applicant served in Germany from 24 February 1989 to 16 August 1991 for a period of 2 years, 5 months, and 23 days.  Although he served in Southwest Asia from 1 January 1991 to 24 April 1991, this period is already included in his total foreign service reflected on his DD Form 214.  Therefore, there is no correction to be made on his foreign service time.

9.  The applicant's basic combat and AIT training are noted on his DA Form 2-1 -Part II.  Regulatory guidance provides 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.
The applicant completed OSUT training at Fort Sill, OK; however, this training was a training course for combat skills.  Therefore, it would be inappropriate to add his completion of this training to his DD Form 214.

10.  Records do not contain any evidence and the applicant has not provided any evidence of border patrol, special weapons, or nuclear weapons training.  Such training would also have been considered training for combat skills; therefore, there would be no basis for adding any of these training to his DD Form 214 either.

11.  However, the applicant's German Headstart training is considered a formal in-service (full-time attendance) training course.   Therefore, this training course should be added to his 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 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 13 of his DD Form 214 the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

	b.  deleting from item 14 of his DD Form 214 the entry "None" and replacing it with the entry "German Headstart, 1 Week, 1989";

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101 – 19910426."

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 correction of his DD Form 214 to show any additional relief requested.



      ___________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)                                         AR20110010376



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ABCMR Record of Proceedings (cont)                                         AR20110010376



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