IN THE CASE OF:	   

		BOARD DATE:	    27 February 2014

		DOCKET NUMBER:  AR20130010944 


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 reconsideration of his previous request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service.

2.  The applicant states he received a letter from the Army Board for Correction of Military Records (ABCMR) stating he served in Southwest Asia from 1 August 1991 to 31 October 1991 (3 months).  He disagrees with those dates because while he was assigned to the 440th Signal Battalion, he was deployed to Kuwait with the 11th Armored Calvary Regiment from Germany in June 1991.  He arrived in Camp Doha in June 1991 and was present in July 1991 during the motor pool explosion where he received shrapnel wounds in both arms.  He also received the Humanitarian Service Medal during this deployment.  He was also deployed to Hungary in support of Operation Joint Guard and had to go to Bosnia twice a month for records verification.  He was awarded the Meritorious Service Medal for his service during this period.  He would like his record updated to reflect all of his deployments.

3.  The applicant provides a self-authored statement, dated 15 November 2012, and a DA Form 638 (Recommendation for Award), dated 17 January 2002.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army ABCMR in Docket Number AR20120004308, on 27 September 2012.

2.  The applicant provided new arguments via a self-authored statement and DA Form 638, dated 17 January 2002 which constitutes new evidence.  These new arguments and evidence were not previously considered by the Board; therefore, they warrant consideration by the Board.

3.  The applicant enlisted in the Regular Army on 11 August 1982 and served through numerous reenlistments/extensions and in variety of stateside or overseas assignments.  He held military occupational specialties 31W (Telecommunications Operations Chief) and 13B (Cannon Crew Member) and attained the rank/grade of sergeant first class (SFC)/E-7.

4.  His DA Form 2-1 (Personnel Qualification Record – Part II):

	a.  shows in item 5 (overseas service) that he served in:

* Germany from 28 November 1982 to 17 June 1986 (41 months)
* Germany from 28 December 1988 to 6 June 1991 (29 months)
* Saudi Arabia from 7 June 1991 to 3 September 1991 (3 months)
* Germany 4 September 1991 to 21 February 1992 (6 months)
* Germany 17 July 1995 to 28 May 1998 (26 months)

	b.  does not list any overseas service other than Germany in item 36 (Record of Assignments).

5.  A review of his noncommissioned officer evaluations reports did not indicate service in Hungary.

6.  As previously stated in ABCMR Docket Number AR20120004308:

	a.  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.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  This data base shows he served in Southwest Asia (SWA) from 1 August to 31 October 1991 (3 months).

	b.  His DA Form 2-1 was not available at the time.

	c.  There is no evidence in his Army Military Human Resource Record (AMHRR) showing he deployed to Hungary or Bosnia-Herzegovina and records at the Defense Finance and Accounting Service (DFAS) do not show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Bosnia-Herzegovina.

7.  His record contains a DD Form 214 and a DD Form 215 (Correction to DD Form 214) which show he was honorably retired on 31 August 2002.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, among other awards, the Overseas Service Ribbon with Numeral 3 (denoting three overseas tours) and the Armed Forces Expeditionary Medal.

	b.  His DD Form 215 contains the entry "SERVICE IN SOUTHWEST ASIA FROM 19910801-9911031."

8.  He provided a DA Form 638, dated 17 January 2002 which shows he was assigned to Fort Myer, VA, when he was awarded the Meritorious Service Medal as a retirement award.  He highlighted the following text:

In support of Operation Joint Guard, [Applicant's] tireless devotion to duty was critical to the success of the 17th Signal Battalion's mission in Taszar, Hungary.  As a Personnel Verification NCOIC [noncommissioned officer in charge], his keen attention to detail and exemplary professionalism ensured that over 10,000 deploying and redeploying soldiers were mission ready.

9.  Army Regulation 635-5 (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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The new argument and evidence provided by the applicant regarding his additional periods of foreign service were considered.

2.  His DA Form 2-1 was not available for review when ABCMR Docket Number AR20120004308 was accomplished.  His DA Form 2-1 reveals that his service in Southwest Asia occurred from 27 June 1991 to 3 September 1991 vice 
1 August 1991 to 31 October 1991.  Therefore, he is entitled to correction of his DD Form 214 to show the appropriate dates.
3.  The Armed Forces Expeditionary Medal shows that the applicant likely served in Hungary.  Additionally, the DA Form 638 he provided shows he supported missions in Taszar, Hungary; however, it does not show whether he supported these operations from Hungary or from Fort Myer, VA.

4.  Unfortunately, without information clearly placing him in a location entitled to hostile fire pay for a specific period of time (to and from dates), such as official orders, there is an insufficient evidentiary basis with which to grant the requested relief.

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.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120004308, dated 27 September 2012 by deleting from item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910801 - 19911031" and replacing it with the entry "SERVICE IN SOUTHWEST ASIA FROM 199106027 - 19910903."  

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 correcting his DD Form 214 to show additional deployments and/or foreign service in Hungary.



____________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)                                         AR20130010944



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ABCMR Record of Proceedings (cont)                                         AR20130010944



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