IN THE CASE OF:
BOARD DATE: 17 January 2011
DOCKET NUMBER: AR20110013693
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) to show his overseas service in Saudi Arabia, Iraq, and Kuwait.
2. The applicant states he served in Saudi Arabia and Iraq during Operations Desert Shield and Desert Storm from January to April 1991. He also served in Kuwait and Iraq during Operation Iraqi Freedom from October 2004 to November 2005. He was recently advised this wartime service should be included in item 18 (Remarks) of his DD Form 214.
3. The applicant provides copies of:
* leave and earnings statements (LES) for February 1991 through May 1991
* DD Form 214 ending 24 September 1992
* Permanent Orders 96-19, Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 18 May 1991
* reassignment orders 7-20, Headquarters, 82nd Airborne Division, Fort Bragg, NA, dated 10 January 1991
* General Orders Number 27, Headquarters, Department of the Army, dated 27 December 1994
* LES's for October 1994 through November 2005
* DD Form 214 ending 30 April 2010
* memorandum for record, 42nd Infantry Division, Fort Drum, NY, dated 10 January 2006, subject: Statement of Wartime Service
* Post-Deployment Health Assessment, dated 10 November 2005
* Bronze Star Medal Certificate for the period 30 October 2004 to 1 November 2005
* DA Form 67-9 (Officer Evaluation Report) for the period 1 August 2004 through 31 July 2005
* DA Form 67-9 for the period 1 August 2005 through 15 November 2005
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired Regular Army lieutenant colonel.
2. He last served on active duty from 6 November 1990 to 30 April 2010. The DD Form 214 he was issued on 30 April 2010 shows in:
a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Bronze Star Medal, Defense Meritorious Service Medal, Meritorious Service Medal (2nd Award), Army Commendation Medal (3rd Award), Army Achievement Medal (5th Award), Joint Meritorious Unit Award, Meritorious Unit Commendation, Army Good Conduct Medal, National Defense Service Medal, Southwest Asia Service Medal with one bronze service star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korean Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Combat Infantryman Badge, Expert Infantryman Badge, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Ranger Tab, Parachutist Badge, and Air Assault Badge; and
b. item 18 (Remarks) no entries for service in Saudi Arabia, Kuwait, or Iraq.
3. His name is listed on the Gulf War Roster showing service from 1 September 1990 through 2 April 1991.
4. The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion from 29 October 2004 through 8 November 2005 for service in Kuwait.
5. In support of his request, the applicant provides copies of:
a. orders assigning him from the Replacement Detachment, Headquarters and Headquarters Company, 82nd Airborne Division, Fort Bragg, NC, to Headquarters and Headquarters Company, 3rd Battalion, 504th Parachute Infantry Regiment, with a reporting date of 11 January 1991;
b. LES's showing he received overseas pay and danger pay from January to April 1991;
c. Department of the Army General Orders Number 27, dated 27 December 1994, announcing the Meritorious Unit Commendation was awarded to the 3rd Battalion, 504th Infantry, for the period 18 August 1990 to 7 April 1991;
d. a DA Form 67-9 (Officer Evaluation Report) for the period 1 August 2004 through 31 July 2005 showing his served as primary intelligence advisor to the Assistant Division Commander-Maneuver in the Division Tactical Command Post for a deployed division controlling four maneuver brigades in the Iraq theater of operations;
e. a Bronze Star Medal Certificate, dated 13 August 2005, for the period 30 October 2004 to 1 November 2005;
f. a DA Form 2796 (Post-Deployment Health Assessment), dated 10 November 2005, showing he deployed to Iraq in support of Operation Iraqi Freedom from 29 October 2004 through 5 November 2005;
g. LES's showing he received HFP/IDP from October 2004 to November 2005;
h. DA Form 67-9 for the period 1 August 2005 through 15 November 2005 showing he continued to perform in the same duty position in Iraq;
i. a memorandum for record, 42nd Infantry Division, Fort Drum, NY, dated 10 January 2006, subject: Statement of Wartime Service, showing he served in the Central Asia Combined Joint Operations Area in support of Operation Iraqi Freedom from 28 October 2004 to 9 November 2005; and
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. Item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Forms 214 should be corrected to show his overseas service in Saudi Arabia, Iraq, and Kuwait.
2. The applicant's name is listed on the Gulf War Roster showing service from 1 September 1990 through 2 April 1991. However, he was not assigned to his unit until 11 January 1991. He was awarded both the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait. His DD Form 214 for the period ending 24 September 1992 should be corrected to show his foreign service in Southwest Asia from 11 January 1991 through 2 April 1991.
3. Although the DFAS verification indicates he was deployed only to Kuwait, his record clearly shows he also served in Iraq from 29 October 2004 through 9 November 2005. His DD Form 214 for the period ending 30 April 2010 should be corrected to show his foreign service in Iraq from 29 October 2004 through 9 November 2005.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 910111-910402" to item 18 of his DD Form 214 for the period ending 24 September 1992; and
b. adding the entry "SERVICE IN KUWAIT/IRAQ FROM 041029-051109" to item 18 of his DD Form 214 for the period ending 30 April 2010.
____________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) AR20110011036
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110013693
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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