IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120002417 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 March 1991 to show in:

* Item 5 (Date of Birth (DOB)) his DOB as 2 January 1969 instead of
2 January 1967
* Item 12b (Separation Date This Period) from 13 March 1991 to an unspecified date
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Southwest Asia Service Medal

2.  The applicant states on 31 January 1991, he was ordered to active service after his first discharge on 19 July 1990.  After training, he ended up in Kuwait. His DD Form 214 shows a discharge date of 13 March 1991 that is incorrect.

3.  The applicant provides:

* DD Forms 214 for the period ending 19 July 1990 and 13 March 1991
* Certificate of Recognition in support of Operation Desert Storm, dated
4 March 1991
* Mobilization orders

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 enlisted in the Regular Army (RA) on 13 October 1987.  He held military occupational specialty 19E (armor crewmember).

3.  Item 6 (DOB) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) listed his DOB as 2 January 1969.  He authenticated this form by placing his signature in the appropriate block.

4.  He was honorably released from active duty on 19 July 1990 under the 1990 Early Transition Program.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows his DOB as 2 January 1969.

5.  He was ordered to active duty on 31 January 1991 in support of Operation Desert Shield/Desert Storm.  His mobilization orders show he was assigned to the 75th Support Battalion, Fort Knox, KY, effective 5 February 1991.

6.  Orders 45-50, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 14 February 1991, released the applicant from the mobilization station at Fort Knox and reassigned him to the 21st Adjutant General Replacement Detachment, Germany.

7.  Orders 42-14, issued by Headquarters, 3rd Infantry Division, dated
17 February 1991, ordered the applicant's attachment to Headquarters and Headquarters Company, 2nd Battalion, 37th Armor, effective 22 February 1991.

8.  There is no indication in his records, such as an entry on his DA Form 2-1 (Personnel Qualification Record) that confirms he deployed to Southwest Asia.

9.  Orders 072-389, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, dated 13 March 1991, ordered his release from active duty effective
13 March 1991 and transferred him back to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.

10.  He was honorably released from active duty on 13 March 1991.  His
DD Form 214 he was issued at the time shows in:

* Item 5 his DOB as 2 January 1967
* Item 12b his separation date as 13 March 1991
* Item 13 the:

* Army Service Ribbon
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

11.  On 17 December 1991, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added administrative entries to his DD Form 214 for the period ending 13 March 1991 that included adding to item 13 the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and the Overseas Service Ribbon.

12.  He initiated or completed various forms during his periods of military service. In each case he indicated his DOB was 2 January 1969.

13.  He submitted a certificate issued to him by the commander, 1st Brigade,
1st Armored Division, dated 4 March 1991, at Grafenwoehr, Germany.  The certificate was presented to the applicant "IN RECOGNITION OF INDIVIDUAL READY RESERVE ACTIVATION, DEPLOYMENT TO GERMANY, AND SERVICE WITH 1ST BRIGADE, 1ST ARMORED DIVISION IN SUPPORT OF OPERATION DESERT STORM."

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Item 12b shows the separation date and item 18 shows for a 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)."

15.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or Retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and Guard members, the file includes those persons activated or federalized from 2 August 1990 through
31 December 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.  The applicant's name is not shown on this data base.

16.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 - 30 November 1995)

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's DOB, upon his enlistment in the RA he listed his DOB as 2 January 1969.  This DOB is consistent with the DOB shown on several documents throughout his military record.  He authenticated several documents by placing his signature in the appropriate block indicating his DOB on each form was correct.  It appears when his DD Form 214 for the period 

ending 13 March 1991 was prepared it erroneously listed his DOB as 2 January 1967.  Therefore, this DD Form 214 should be corrected to show his DOB as
2 January 1969.

2.  The applicant was mobilized and entered active duty on 31 January 1991.  He initially reported to Fort Knox and was later attached to an armored unit in Germany.  Although he was mobilized in support of Operation Desert Storm and he received a certificate acknowledging his mobilization and support, there is no indication if or when he served in Southwest Asia as the DMDC data base does not reflect his name.  In the absence of conclusive evidence and his exact dates of service in Southwest Asia, there is an insufficient evidentiary basis for awarding him the Southwest Asia Service Medal.

3.  The applicant was issued orders ordering his release from active duty effective 13 March 1991.  This date of separation is correctly shown in item 12b of his DD Form 214.  The applicant neither states nor provides evidence to support a different separation date.  Therefore, there is an insufficient evidentiary basis to support changing his separation date.

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 deleting from item 5 of his DD Form 214 for the period ending 13 March 1991 the entry "670102" and replacing it with the entry "690102."

2.  The Board further determined 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:

* changing the separation date reflected on his DD Form 214 for the period ending 13 March 1991
* adding the Southwest Asia Service Medal to his DD Form 214 for the period ending 13 March 1991



      _______ _   _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)                                         AR20120002417



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ABCMR Record of Proceedings (cont)                                         AR20120002417



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