IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110011332 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment during Operation Desert Shield/Desert Storm, his total period of foreign service, and the correct periods he served in each of his military occupational specialties (MOS). 

2.  The applicant states he served in MOS 88N (Traffic Management Coordinator) for 3 years and 7 months and in 13B (Cannon Crewman) for 10 years and 4 months; he had a total of 5 years, 5 months, and 4 days of foreign service in Germany, during Operation Desert Shield/Desert Storm, and in Korea; and his deployment during Operation Desert Shield/Desert Storm is not listed on the DD Form 214.

3.  The applicant provides his Enlisted Record Brief, three DD Forms 214, and a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

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 served in the Army National Guard (ARNG) from 1 December 1986 through 1 June 1987.  During this period he served on initial active duty for training from 7 June 1986 through 12 July 1986 and was awarded MOS 13B.  His NGB Form 22 shows he was assigned to the U.S. Army Reserve Control Group (Standby) on 1 June 1987 for completion of his service obligation of 6 years,
9 months, and 12 days.

3.  He again enlisted in the ARNG on 20 February 1988, and he enlisted in the Regular Army on 3 May 1988.  

4.  On 15 November 1994, the applicant was discharged with disability severance pay.  His DD Form 214 shows a primary specialty of 13B for 8 years and 4 months.  Item 12f (Foreign Service) shows 4 years, 1 month, and 1 day of foreign service.  There is no specific entry for his deployment during Operation Desert Shield/Desert Storm although his awards include the Southwest Asia Service Medal with three bronze service stars and the Kuwait Liberation Medal.  

5.  It appears that during his break in service the applicant changed his name and he again enlisted in the Regular Army, on 17 September 2007.  His enlistment contract included the provision of training in MOS 88N.  It appears he completed the MOS training on or about 31 October 2007. 

6.  The applicant was medically retired on 26 April 2011.  His DD Form 214 shows at:

	a.  item 11, service in the primary specialty of 88N, Traffic Management Coordinator, for 2 years and 11 months; and 13B, Cannon Crewmember, for 10 years and 4 months; 

	b.  item 12c (Net Service This Period), 3 years, months, and 10 days; and

	c.  item 12f (Foreign Service), 1 year, 4 months, 3 days.

7.  His Enlisted Record Brief shows foreign service in Germany, from 3 May 1988 through 2 May 1992; Southwest Asia, from 26 December 1990 through 10 April 1991; and Korea, from 6 January 2008 through 8 May 2009 [3 years and 6 months].

8.  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 states for:

	a.  item 11; enter the primary specialty titles of all MOS that a Soldier served for at least 1 year during the current period of service [the period covered by the DD Form 214].  For time determination, 16 days or more count as a month.  Basic training and advanced individual training (AIT) are not included in the total;

	b.  item 12f (Foreign Service), enter the total amount of foreign service completed during the current period of service; and

	c.  item 18 (Remarks), is for Headquarters Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14.  

	d.  At the time of the applicant's 15 November 1994 discharge no statement showing an active duty deployment was a required entry on the DD Form 214. Currently the following statement is to be included for active duty Soldiers deployed with their unit during their continuous period of active service "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in MOS 88N for 3 years and 7 months and in 13B for 10 years and 4 months; he had a total of 5 years, 5 months, and 4 days of foreign service in Germany, during Operation Desert Shield/Desert Storm, and in Korea; and his deployment during Operation Desert Shield/Desert Storm is not listed on the DD Form 214.

2.  During the applicant's period of service that included his Operation Desert Shield/Desert Storm deployment, the inclusion of an active duty deployment entry on the DD Form 214 was not provided for.  Since that time several changes to the regulation and enhancements to benefits based on such a notation have been implemented.  It would be appropriate to utilize current standards and include the statement "SERVICE IN KUWAIT/SAUDI ARABIA FROM 19901226 - 19910410" at item 18 on the 15 November 1994 DD Form 214.  It is not appropriate to carry this entry forward to the 2011 DD Form 214.


3.  On 17 September 2007, the applicant enlisted in the Regular Army as a trainee.  He completed 88N MOS training on or about 31 October 2007 and served in this MOS until he was medically retired on 26 April 2011.  

4.  The applicant's period of service in the MOS 88N, commenced with his completion of training, not the date he enlisted, and ended with his retirement.  This is a period of 3 years and 6 months for the item 11 entry.  The 26 April 2011 DD Form 214 incorrectly shows a period of 2 years and 11 months.  It is appropriate to correct the item 11 entry to show 3 years and 6 months.

5.  The applicant had continuous service in one of three Army related components from 12 March 1986 until his medical discharge (with severance pay) on 15 November 1994.  He completed 13B MOS training on 12 July 1986 and served in this MOS until his discharge.  His official period in this MOS is 8 years 4 months.  However, the DD Form 214 for the period ending 26 April 2011 only covered a period of 3 years, 7 months, and 10 days.  Therefore, it appears the 13B MOS entry on his 26 April 2011 DD Form 214 contains an incorrect duration.  

6.  However, it has historically been the practice of this Board not to make any correction to a Soldier's records that could conceivably operate to the applicant's disadvantage.  Therefore, the removal of the current improper 13B MOS entry on the 26 April 2011 DD Form 214 should not be directed.

7.  The applicant appears to be under the misperception that the item 12f entry is the total period of foreign service during all periods of service.  The governing regulation provides that only that foreign service completed during the period covered by the DD Form 214 is entered at 12f.  Therefore, no correction to this entry on the 26 April 2011 DD Form 214 is appropriate.

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.  deleting from the 26 April 2011 DD Form 214, at item 11, the entry, "88N Traffic MGT Coord - 2 YRS 11 MOS";

	b.  adding, at item 11 on the 26 April 2011 DD Form 214 the entry "88N Traffic MGT Coord - 3 YRS 6 MOS"; and 

	b.  adding at item 18 on the 15 November 1994 DD Form 214 the following: "SERVICE IN KUWAIT/SAUDI ARABIA FROM 19901226 – 19910410."

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 any corrections in excess of the above.



      _______ _   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)                                         AR20110011332





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ABCMR Record of Proceedings (cont)                                         AR20110011332



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