IN THE CASE OF:	  

		BOARD DATE:	  15 November 2013

		DOCKET NUMBER:  AR20120008619 


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) to show his foreign service and the correct pay grade.

2.  He states he was sent to Riyadh, Saudi Arabia, and when he was discharged he was an E-4.

3.  He provides his DD Form 214.

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 9 November 1994.  After completing initial entry training, he was awarded military occupational specialty 14S (Avenger Crewmember).  

3.  On 19 April 1996, he was released from active duty (REFRAD) by reason of hardship and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 shows in:

* item 4a (Grade, Rate, or Rank) – "PFC" (Private First Class)
* item 4b (Pay Grade) – "E3"
* item 12f (Foreign Service) – "0000  00  00"
* item 12h (Effective Date of Pay Grade) – "1995  10  01"  
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  His record is void of documentation showing he deployed with his unit to Riyadh, Saudi Arabia, during his RA service.  

5.  A DA Form 4187 (Personnel Action), dated 6 September 1997, shows he was administratively advanced to the rank/grade of specialist (SPC)/E-4 effective 6 September 1997.  

6.  Effective 25 February 2002, he was honorably discharged from the USAR in the rank/grade of SPC/E-4.  

7.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The database shows he was deployed from 1 June to 31 October 1995.  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.  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.

8.  During the processing of this case, an analyst at the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/ imminent danger pay (HF/IDP) and combat-zone tax exclusion (CZTE) from 
31 May through 19 October 1995 for Saudi Arabia.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version of the regulation in effect at the time stated:

	a.  for items 4a and 4b, enter active duty grade of rank and pay grade at time of separation, and 

	b.  for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

10.  The current version of Army Regulation 635-5 states that for an active duty Soldier deployed 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)" in block 18 (Remarks) of the DD Form 214.

11.  As a related matter, a review of the available records indicates he is entitled to an additional award not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) 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.  His service coincided with one campaign:  Cease-Fire Campaign (12 April 1991 to 30 November 1995).  

DISCUSSION AND CONCLUSIONS:

1.  The record shows he deployed with his unit to Saudi Arabia, and it appears DFAS records provide the most accurate accounting of his arrival and departure from the theater of operations.  He is entitled to correction of item 12f of his DD Form 214 to show his service in Saudi Arabia from 31 May through 19 October 1995 (4 months and 20 days).  It would also be appropriate to add an entry in item 18 of his DD Form 214 to show he served in Saudi Arabia during this period.

2.  He held the rank/grade of PFC/E-3 when he was released from active duty, which is properly shown on his DD Form 214.  There is no basis for correcting this document to reflect a rank/grade he attained during subsequent service in the USAR.  
3.  His service in Saudi Arabia made him eligible for the SWASM with one bronze service star.  He is entitled to correction of his DD Form 214 to show this award.  

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 making the following deletion from and additions to his DD Form 214:

	a.  delete the entry in item 12f,

	b.  add "0000  04  20" to item 12f,

	c.  add "Southwest Asia Service Medal with one Bronze Service Star" to item 13, and

	d.  add "SERVICE IN SAUDI ARABIA FROM 19950531 - 19951019" to item 18.

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 the pay grade shown on 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)                                         AR20120008619





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008619



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1