IN THE CASE OF:	  

		BOARD DATE:	    22 March 2012

		DOCKET NUMBER:  AR20110020174 


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 foreign service and two awards of the Army Achievement Medal (AAM).

2.  The applicant states:

	a.  although he had at least three trips to Kuwait and one trip to Egypt, his DD Form 214 does not reflect any foreign service; and

	b.  the Department of Veteran Affairs (VA) will not consider him for any Gulf War syndrome service connected disabilities because his record does not show his service during this conflict.

3.  The applicant provides:

* DD Form 214
* two AAM certificates
* Standard Form 513 (Medical Record-Consultation Sheet)

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’s military records show that he enlisted in the Regular Army on 10 June 1992.  He was trained in, awarded, and served in military occupational specialty (MOS) 13F (Fire Support Specialist).

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) is blank.  Item 9 (Awards, Decorations, and Campaigns) includes an entry which shows he was awarded the Southwest Asia Service Medal (SWASM) with bronze service star.

4.  His official military personnel file (OMPF) contains DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earning Statement) which covered the period 1 - 30 November 1994.  It shows he received hostile fire pay.

5.  The OMPF contains an AAM Certificate, which shows he received this award for meritorious achievement while deployed to Kuwait in contingency operations associated with Operation Vigilant Warrior during the period from 9 October to 1 December 1994.  It also shows this award was announced in official orders on 15 December 1994.

6.  On 12 March 1995, the applicant was honorably released from active duty having completed 2 years, 9 months, and 3 days of creditable active duty service.  His DD Form 214 contains the entry "0000 00 00" in Item 12f (Foreign Service).

7.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the following list of awards:

* National Defense Service Medal (NDSM)
* Army Lapel Button
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge

8.  Item 18 (Remarks) of his DD Form 214 includes no entries that show he completed any foreign service.

9.  A review of the Gulf War Deployment Roster shows the applicant served in the Gulf War area of operations during the period 1 July to 30 November 1994.

10.  The applicant provides an AAM certificate which shows this award was announced in official orders and awarded him for meritorious service during Operation Bright Star from 4 -7 November 1993.

11.  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 also establishes standardized policy for preparing and distributing the DD Form 214, chapter 2 contains item-by-item instructions for the DD Form 214.  It states:

   a.  Item 12f will contain all foreign service taken from the PQR and/or 
DA Form 2-1 for the period covered by the DD Form 214;

	b.  item 13 will contain all awards and decorations for all periods of service; and

   c.  Item 18 will include the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for active duty Soldiers deployed with his or her unit.

12.  Army Regulation 600-8-104 prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program.  Chapter 5 contains guidance on the PQR.  Table 5-9 contains guidance on foreign service entries on the PQR and states that a foreign service entry will be made on the PQR if a Soldier arrived at an overseas area in a TDY status and was projected to remain at least 45 days.  There are no provisions for a PQR entry for Soldiers arriving in an overseas area who are projected to remain for less than 45 days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his two awards of the AAM and his foreign service.

2.  The available evidence indicates he was twice awarded the AAM and these awards were announced in official orders.  These awards are not listed on his DA Form 214 and should be added at this time.
3.  The applicant's receipt of HFP, SWASM with bronze service star, and the AAM for his meritorious achievement while deployed to Kuwait, all confirm his service in the Gulf War.  In addition, his name is included on the Gulf War Roster confirming this service from 1 July to 30 November 1994.  Based on the applicant's service in the Gulf War his DD Form 214 should be corrected to show the following entries in the indicated items:

* item 12f - "0000 05 00"
* item 13 - SWASM with bronze service star
* item 18 - "SERVICE IN KUWAIT FROM 19940701-19941130"

4.  With the exception of the applicant's deployment to Kuwait from 1 July - 30 November 1994, the evidence of record contains no additional documents to show he served in Kuwait at any other time during his tenure on active duty.  Therefore, absent any evidence to confirm he completed additional periods of foreign service in Kuwait, and for at least 45 days or more, there is no basis upon which to grant this portion of requested relief.

5.  Finally, the AAM certificate awarded the applicant for his service during Operation Bright Star was authorized for a 23 day period from 4 - 27 November 1994.  There are no provisions for listing a foreign service entry on the PQR for Soldiers serving in an overseas area for less than 45 days.  The PQR is the source document from which the foreign service is obtained for entry on the DD Form 214.  Accordingly, the applicant's service performed from 
4-27 November 1994, perhaps in a TDY status, is also not authorized for entry on the 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.  amending his DD Form 214 to:

* show the entry "0000 05 00" in item 12d
* add the Army Achievement Medal (2nd Award) and Southwest Asia Service Medal with bronze service star in item 13
   * add the entry "SERVICE IN KUWAIT 19940701 - 19941130" in item 18

b  issuing him a correction to his DD Form 214 to reflect these changes.:
   
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 adding any additional service to item 12f of his DD Form 214.  



      _______ _   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)                                         AR20110020174





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ABCMR Record of Proceedings (cont)                                         AR20110020174



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