IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110025250 


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 30 August 1991 to show his combat service and a combat specialty. 

2.  The applicant states:

* He served with the 398th Heavy Materiel Supply Company in Dhahran, Saudi Arabia from 4 November 1990 to 22 July 1991
* His unit was awarded the Meritorious Unit Commendation (MUC) for meritorious service while operating in a combat situation
* On 25 February 1991, he was 1/4 mile from the barracks that was hit by a Scud missile
* He watched the missile coming without knowing where it was going to hit; he was so close he felt the ground shake when it hit
* His unit, the 398th, secured the area and assisted with the rescue mission
* He was denied combat-related special compensation (CRSC) for post-traumatic stress disorder (PTSD) while others in the 398th have been awarded CRSC for the same situation
* He believes his record should be corrected to show he served in combat

3.  The applicant provides:

* CRSC denial letter from the U.S. Army Human Resources Command, Fort Knox, KY (HRC-KNX), dated 10 May 2011 and 12 April 2011
* Permanent Orders 17-2, issued by Headquarters, U.S. Army Forces Central Command, Fort McPherson, GA, dated 30 January 1992
* Internet newspaper article from the Pittsburgh Post-Gazette, titled "Gulf War Scud attack remembered in Greensburg,"  dated 16 December 2011
* Department of Veterans Affairs (VA) rating decisions, dated between March 2006 and January 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired Reserve Component (RC) sergeant (SGT)/E-5.

2.  He initially enlisted in the U.S. Army Reserve (USAR) on 16 February 1973 for a period of 6 years.  He entered active duty for training (ADT) on 24 July 1973.  He completed training and he was awarded military occupational specialty (MOS) 63C (track vehicle mechanic).

3.  He was honorably released from ADT on 31 January 1974 to the control of his Reserve unit.  His DD Form 214 (Report of Separation from Active Duty) for this period of service shows his primary specialty as 63C and his secondary specialty as 63B (wheel vehicle mechanic).

4.  He reenlisted in the USAR on 16 February 1979 and followed that with additional reenlistments on 5 January 1985 and 2 November 1991.  He attained the rank/grade of SGT/E-5.

5.  He was ordered to active duty on 20 September 1990 in support of Operation Desert Shield/Desert Storm and subsequently served in Southwest Asia (SWA) with the 398th Supply Company from 4 November 1990 to 22 July 1991.

6.  He was honorably released from active duty on 30 August 1991 to the control of his Reserve unit.  His DD Form 214 for this period of service shows in:

* Item 11 (Primary Specialty (List number, title, and years and months in specialty.  List additional specialty numbers and titled involving periods of one or more years.)) the entry "88M2O  MOTOR TRANSPORT OPERATOR  11 MOS // 63H2O  TRACK VEHICLE REPAIRER  11 MOS // 63B2O  LIGHT WHEEL VEHICLE MECHANIC  11 MOS // NOTHING FOLLOWS"
* Item 12f (Foreign Service) the entry "00  08  19" (years, months, and days)
* Item 18 (Remarks) the entry "Ordered to active duty in support of Operation Desert Shield/Desert Storm" and "Service in SWA 901104 - 910722"
7.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* Item 5 (Overseas Service) he served in Saudi Arabia from 4 November 1990 to 22 July 1991
* Item 17 (Civilian Education and Military Schools) he completed training for MOS 63B and MOS 63C; no combat MOS is listed
* Item 35 (Record of Assignment) he served in duty MOS 63C and/or 63H throughout his military service; no combat duty MOS is listed

8.  Orders P0-903783, issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 3On 30 March 2009, directed his retirement and placement on the Retired List in his retired grade of SGT, effective 11 September 2009, his 60th birthday.

9.  He submitted:

	a.  Permanent Orders 17-2, dated 30 January 1992, awarding the 398th Heavy Materiel Supply Company the Meritorious Unit Commendation for meritorious service from 4 November 1990 to 15 June 1991 during Operation Desert Shield/Desert Storm. 

	b.  Internet printout, dated on 16 November 2011, related to the Gulf War Scud attack that occurred during the Gulf War in Saudi Arabia in 1991.

	c.  VA rating decisions, dated between March 2006 and January 2008, awarding him service-connected disability compensation for PTSD.

10.  On 12 April 2009, by letter, an official at HRC-KNX notified the applicant that his claim for CRSC based on PTSD was denied as there was no evidence of a receipt of a combat award or an MOS which would denote his participation in combat.  Additionally, his DD Form 214 does not show a term of service which would place him in a combat zone.

11.  On 10 May 2011, by letter, an official at HRC-KNX notified him that his request for reconsideration of his CRSC claim and all the evidence he submitted was reviewed but there was no justification to reverse the previous decision.  The letter affirmed the previous decision that there was no evidence to show a combat-related event caused his PTSD. 

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

a.  Block 11, enter the titles of all MOSs served for at least 1 year and
include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Additionally, basic combat and advanced individual training are not counted.

	b.  Block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214.

	c.  Block 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  YYYYMMDD - YYYYMMDD)."

13.  CRSC, as established by, Title 10, U.S. Code, section 1413a, as amended, provides for the payment of the amount of money a military retiree would receive from the VA for combat-related disabilities if it was not for the statutory prohibition for a military retiree to receive a VA disability pension.  Payment is made by the Military Department, not the VA, and is tax-free.  Eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for Reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war.  Such disabilities must be compensated by the VA and rated at least 10% disabling.  Military retirees who are approved for CRSC must have waived a portion of their military retired pay since CRSC consists of the Military Department returning a portion of the waived retired pay to the military retiree.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his MOS, the evidence of record shows he completed formal training for MOS 63B, 63H, and later 88M.  All three specialties are listed on his DD Form 214 for the period ending 30 August 1991.  There is no evidence he was trained in, held, or performed in a combat MOS.  The fact that he served in SWA or was present during a missile attack does not entitle him to a combat MOS.

2.  With respect to his combat service:

	a.  The evidence of record shows he completed 8 months and 19 days of foreign service in SWA during Operation Desert Shield/Desert Storm.  His
DD Form 214 for the period ending 30 August 1991 captured this information in items 12f and 18 of this form.

	b.  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.  There is no provision to list skirmishes, explosions, missile attacks, detonations, or small arms fire on the DD Form 214.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20110025250



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ABCMR Record of Proceedings (cont)                                         AR20110025250



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