IN THE CASE OF:	   

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110010750 


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) for the period ending 14 June 1996 to add the following:

* Item 12f (Foreign Service) – foreign service for Guantanamo, Cuba
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – all awards and decorations 

2.  He states items 12f and 13 of his DD Form 214 refer him to see item 
18 (Remarks); however, item 18 does not contain any information pertaining to his foreign service or military awards he earned during the period 23 February 1994 through 14 June 1996.  

3.  He provides:

* A DD Form 214 for the period ending 14 June 1996
* Temporary Change of Station (TCS) orders
* A DD Form 214 for the period ending 20 February 2009

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.  His records contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows he enlisted in the Delayed Entry Program (DEP) on 17 December 1993.  He was released from DEP status and enlisted in the Regular Army on 23 February 1994.

3.  His records contain orders which show he completed training and was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist) on 12 August 1994.

4.  He provided two sets of orders which direct Company A, 299th Engineer Battalion's TCS from Fort Carson, CO to Guantanamo, Cuba, and return to Fort Carson, CO.  A by-name listing is not attached and the orders also contain two effective periods for the TCS:

* On or about (o/a) 27 January through 24 July 1995
* O/a 27 January through 26 June 1995

5.  On 14 June 1996, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation.  Item 11 (Primary Specialty), item 12f, and item 13 of his DD Form 214 for this period contain the entries "SEE BLOCK 18."  Item 18 does not contain any information pertaining to his MOS, foreign service, or military awards. 

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received Foreign Duty Pay from 27 January to 15 July 1995, which equates to 
5 months and 19 days of foreign service.  The inquiry from DFAS does not list the country code. 

7.  A review of his Official Military Personnel File (OMPF) does not show he was awarded any decorations during the period of service beginning 23 February 1994 through 14 June 1996.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status upon successful completion of initial entry training.  

9.  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.  

10.  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.  In establishes standardized policy for the preparation of the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

	a.  enter the titles of all MOSs served in for at least 1 year and include the number of years and months.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

	b.  the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; and

	c.  for item 18, 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.

DISCUSSION AND CONCLUSIONS:

1.  His records show he completed training on 12 August 1994 and was awarded MOS 77F.  Therefore, he is entitled to add "77F Petroleum Supply Specialist – 
1 Year 10 Months//Nothing Follows" to item 11 of his DD Form 214. 

2.  He TCS orders which show his unit's projected deployment to Guantanamo, Cuba.  DFAS confirmed the applicant received Foreign Duty Pay from 
27 January through 15 July 1995.  It is reasonable to presume that this pay was for his service in Guantanamo, Cuba.  As a matter of equity, it would be appropriate to add this foreign service to item 12f of his DD form 214. 

3.  The available evidence shows he successfully completed his initial entry training and was awarded an MOS.  Therefore, he is entitled to award of the ASR and to add this award to item 13 of his DD Form 214. 
4.  He also served honorably between 2 August 1990 and 30 November 1995.  He is therefore entitled to award of the NDSM and to have this award added to his DD Form 214.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 14 June 1996 by:

* Adding "77F Petroleum Supply Specialist – 1 Year 10 Months//Nothing Follows" to item 11
* Deleting from item 12f entry "SEE BLOCK 18" and replacing it with the entry "0000  05  19” 
* Adding the ASR and NDSM to item 13
* Adding to item 18 the entry “SERVICE IN GUANTANAMO, CUBA FROM 19950127 - 19950715.”



      _______ _   __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)                                         AR20110010750





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ABCMR Record of Proceedings (cont)                                         AR20110010750



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