IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120018904 


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 reconstruction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 May 1991.

2.  The applicant states:

* The bottom section of his DD Form 214 is darkened which prevents other agencies from determining his character of service
* He has attempted to resolve this issue through the Department of Veterans Affairs (VA), U.S. Army Human Resources Command (HRC), and the National Personnel Records Center (NPRC), to no avail
* The omission prevents him from receiving VA and other benefits
* His records were either destroyed or misplaced through no fault of his own
* He was assigned to the 656th Transportation Company that has since deactivated

3.  The applicant provides:

* DD Form 214
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Letters from the VA, HRC, and the NPRC

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 service records are not available for review with this case.  However, he provided sufficient documents (DD Form 214 and DA Form 4836) for the Board to conduct a fair and an impartial hearing of his case.

3.  The applicant's DA Form 4836, dated 13 June 1992, shows he initially enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 19 June 1986.  This form also shows he extended this enlistment on 13 June 1992 by a period of 3 months and that on that date, he held the rank/grade of specialist (SPC)/E-4.

4.  He provides a DD Form 214 that shows he:

* was ordered to active duty in support of Operation Desert Shield/Desert Storm on 17 November 1990
* served in Southwest Asia from 27 December 1990 to 7 May 1991
* held military occupational specialty 88M and he was assigned to the 656th Transportation Company in Southwest Asia
* was awarded the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal, and the Army Good Conduct Medal
* was separated on 29 May 1991 after having completed 6 months and
13 days of creditable active service
* completed the period for which ordered to active duty

5.  However, the following items on his DD Form 214 are darkened as follows: 

* Item 23 (Type of Separation)
* Item 24 (Character of Service)
* Item 25 (Separation Authority)
* 
Item 26 (Separation Code)
* Item 27 (Reentry Code)
* Item 28 (Narrative Reason for Separation)
* Item 29 (Days of Time Lost During This Period)
* Item 30 (Member Requests Copy 4)

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 4 of this regulation provides, in pertinent part, that a Soldier will be separated upon the expiration of enlistment or the fulfillment of service obligation.  A Soldier being separated upon expiration of enlistment or fulfillment of the service obligation will be awarded a character of service of honorable, unless the Soldier is in an entry-level status and the service is uncharacterized.

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

	a.  Item 23, enter the appropriate term as follows:  Release from active duty, Discharge, Retirement, Release from active duty and order to active duty in another status, Release from Active Duty for Training (ADT), Release from custody and control of the Army, or Release from ADT and discharge from the Reserve of the Army and return to the Army National Guard (ARNG).

	b.  Item 24, the correct entry is vital since it affects a Soldiers’ eligibility for post-service benefits.  Characterization or description of service is determined by directives authorizing separation.  For a Soldier being released from custody and control of the Army due to a void or voided enlistment, enter "hyphens." Otherwise, the entry must be one of the following:  Honorable, Under Honorable Conditions (General), Under Other than Honorable Conditions, Bad Conduct, Dishonorable, or Uncharacterized.

	c.  Item 25, this item is to be completed for copies 2, 4, 7, and 8 only.  The correct entry is obtained from regulatory or directives authorizing the separation.

	d.  Item 26, this item is to be completed for copies 2, 4, 7, and 8 only.  The correct entry is obtained from Army Regulation 635-5-1 (Separation Program Designator) that provides the corresponding separation program designator code for the regulatory authority and reason for separation.  Normally, when block 25 contains self-terminating orders, enter "NA."  However, this could differ for a Reserve Component Soldier ordered to active duty to support a contingency operation.  As such, specific guidance will be provided at the announcement of the contingency operation.

	e.  Item 27, this is obtained from Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) that determines Regular Army and USAR reentry eligibility and provides regulatory guidance on the RE codes. These codes are not applicable to officers, U.S. Military Academy (USMA) cadets who fail to graduate or enter USMA from active duty status, or to RC Soldiers being separated for other than cause.

	f.  Item 28, this entry is based on regulatory or other authority and can be checked against the cross-reference table in Army Regulation 635-5-1.

	g.  Item 29, officials verify that time lost as indicated by Defense Finance and Accounting Service agencies has been subtracted from Net Active Service This Period in item 12c if the time lost was not "made good."  If the expiration of term of service (ETS) date was adjusted as a result of time lost and the Soldier served until ETS, the time lost was "made good."  Time lost under Title 10, U.S. Code, section 972 is not creditable service for pay, retirement, or veteran’s benefits. However, the Army preserves a record (even after time is made up) to explain which service between date of entry on active duty (block 12a) and separation date (block 12b) is creditable service.  Time lost after ETS is non-chargeable time under Title 10, U.S. Code, section 972, but it must also be reported to ensure it is not counted in computation of total creditable service for benefits.  For enlisted Soldiers, show inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972, and periods of non-chargeable time after ETS.

	h.  Item 30, is always a "Yes" and a Soldier is provided this copy before taking permissive temporary duty and/or transition leave.

8.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code MBK is the appropriate code to assign to Soldiers voluntarily separated under the provisions of Army Regulation 635-200,
chapter 4, by reason of completion of their required service.  The SPD/RE Code Cross Reference Table stipulates that an RE-1 code will be assigned to members separated under these provisions with an SPD code of MBK.

9.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the USAR.  Table 3-1 included a list of the RA RE codes:
* An RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met
* An RE-3 applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable; they are ineligible for enlistment unless a waiver is granted

10.  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.  There are no records to confirm the missing items on the applicant's DD Form 214.  However, certain entries in item 18 (Remarks) of this form help establish the missing items.  His DD Form 214 confirms he was an RC Soldier who was ordered to active duty in support of Operations Desert Shield/Desert Storm from 17 November 1990 to 29 May 1991.  He served in Southwest Asia and he completed the period of service to which he was ordered. He also received the Army Good Conduct Medal.  This suggests:

* The type of separation he received was "Release from Active Duty"
* The character of service was "Honorable"
* The Separation Authority was "Army Regulation 635-200, chapter 4"
* 
The Separation Code was "MBK"
* The Reentry Code was "1"
* The Narrative Reason for Separation was "Completion of Required Active Service"
* Time Lost is "None"

2.  The applicant served in Southwest Asia from 27 December 1990 to 7 May 1991.  Based on his service in Southwest Asia he served during a qualifying period for award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  Additionally, he participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on his already-awarded Southwest Asia Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards and bronze service stars.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 issuing the applicant a new DD Form 214 that shows in:

* Item 13 the:

* Army Service Ribbon
* Army Good Conduct Medal
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* 
Item 23 - Release from Active Duty
* Item 24 - Honorable
* Item 25 - Army Regulation 635-200, chapter 4
* Item 26 - MBK
* Item 27 - 1
* Item 28 - Completion of Required Active Service
* Item 29 - None

* All other entries to remain the same as on the provided 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)                                         AR20120018904



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120018904



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1