IN THE CASE OF:	  

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130021744 


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) to show his Gulf War Service and the Legion of Merit (LOM).

2.  The applicant states that his Gulf War service and LOM are not shown on his DD Form 214 or Enlisted Record Brief (ERB).

3.  The applicant provides:

* DD Form 214
* LOM Certificate
* ERB dated 2 June 2010

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 military record shows he enlisted in the Regular Army on 3 February 1987 and continuously served through four periods of reenlistment.  He held military occupational specialties 11B (Infantryman) and 18Z (Special Forces Senior Sergeant).

3.  His Official Military Personnel File (OMPF) includes an LOM certificate which announced his receipt of this award in U.S. Army Medical Command, Permanent Orders 090-007, dated 21 March 2011.  It also contains an ERB dated 11 February 2009 which shows under "Oversea/Deployment Combat Duty" the applicant completed the following periods of foreign service totaling 4 years, 6 months, and 6 days:

* 19921014 – 19941011 - GM (which indicates 1 year, 11 months, and
								    28 days foreign service in Germany)
* 19900807 – 19910325 – SA (which indicates 7 months and 19 days 
    service in Saudi Arabia)
* 19870701 – 19890621 – GM (which indicates 1 year, 11 months, and
     21 days service in Germany)

4.  On 17 August 2010 the applicant retired from active duty, having completed 23 years, 6 months, and 15 days of creditable active duty service.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 2 years and 11 days foreign service.  It does not include the LOM among its list of awards.

5.  Item 18 (Remarks) of his DD Form 214 shows the applicant deployed to the following locations for the periods indicated totaling 2 years and 11 months foreign service:

* Iraq				20030224 – 20030501	(2 months and 8 days)
* Afghanistan		20030910 – 20040313	(6 months and 4 days)
* Afghanistan		20050605 – 20050814	(2 months and 10 days)
* Iraq				20050818	 - 20050906	(19 days)
* Afghanistan		20060104 – 20060501	(4 months and 13 days)
* Afghanistan		20060815 – 20070501	(8 months and 16 days)


6.  The Gulf War Deployment Roster documents his service in the Gulf War area of operations during the following three periods:

* 1 August – 31 December 1990
* 1 – 31 December 1993
* 1 March – 30 April 1994

7.  The applicant provides an ERB dated 2 June 2010.  It documents the same deployments as listed in item 18 of his DD Form 214 totaling 2 years and 11 months foreign service.

8.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for item 18 for an active duty Soldier deployed to a foreign country 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)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to include his Gulf War service and the LOM.  There is sufficient evidence to support this claim.

2.  The evidence of record confirms item 12f of the applicant's DD Form 214 currently documents his 2 years and 11 months foreign service completed during his deployments from 24 February 2003 through 1 May 2007.  His ERB dated 2 February 2009, documents an additional 4 years, 6 months, and 6 days foreign service performed from 1 July 1987 through 11 October 1994, and this service is also corroborated by the Gulf War Roster.  This additional 4 years, 6 months, and 6 days Gulf-War service is not currently reflected on his DD Form 214 and, when combined with the current foreign service listed on his DD Form 214, equals 6 years, 6 months and 17 days total foreign service.  Therefore, his item 12f of his DD Form 214 should be corrected accordingly to list his total foreign service.

3.  The evidence of record also confirms the applicant was awarded the LOM and this award was announced in official orders.  Therefore item 13 of his 
DD Form 214 should be corrected to show this award.


4.  The applicant's ERB dated 11 February 2009 confirms he served in the Gulf War from 7 August 1990 to 25 March 1991 and the Gulf War Roster shows he served an additional two periods in this area from 1 – 31 December 1993 and 1 March – 30 April 1994.  These periods of service in the Gulf War area of operations are not currently listed in item 18 of his DD Form 214 and should be added at this time.

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 amending his DD Form 214 by:

	a.  deleting the current entry in item 12f and replacing it with the
entry "0006 06 17";

   b.  adding the following to item 13:

* Legion of Merit

   c.  adding the following entries to item 18:
   
* "SERVICE IN SOUTHWEST ASIA FROM 19900807 – 19900325"
* "SERVICE IN SOUTHWEST ASIA FROM 19931201 – 19931231"
* "SERVICE IN SOUTHWEST ASIA FROM 19940301 – 19940430"







   d.  issuing him a corrected document to reflect these changes.




      ___________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)                                         AR20130021744





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ABCMR Record of Proceedings (cont)                                         AR20130021744



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