IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140007876 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* her foreign service in Southwest Asia
* her participation in the Veteran's Educational Assistance Program (VEAP)

2.  The applicant states she served in Southwest Asia during Desert Storm from November 1990 to May 1991 while assigned to the 501st Ordnance Company, Germany.  She also participated in the VEAP.

3.  The applicant provides no additional evidence.

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 on 17 January 1983 and she held military occupational specialty 77F (Petroleum Supply Specialist).  She served through several reenlistments and/or extensions and attained the rank/grade of sergeant first class (SFC)/E-7.  

3.  She was honorably retired on 31 January 2003 in the rank of SFC and she was placed on the Retired List on 1 February 2003.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 she was issued shows, in part, award of the Southwest Asia Service Medal with 2 bronze service stars and the Kuwait Liberation Medal-Saudi Arabia.  It does not show the Global War on Terrorism Service Medal.

5.  Item 18 (Remarks) of her DD Form 214 does not contain an entry that shows her service in Southwest Asia.  

6.  Item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program (VEAP)) of her DD Form 214 shows an "X" in the "No" block.

7.  Her name is listed on the Gulf War Deployment Roster as having deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm from 1 January to 9 May 1991.  

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

	a. Kuwait Liberation Medal-Kuwait, 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.

	b.  Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined are authorized the Global War on Terrorism Service Medal.

9.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It stated item 15a shows a yes or no entry.  If a Soldier contributed to VEAP and did not get money back, mark “Yes.”  For those who enlisted before 1984, contributed to VEAP, and received their money back, mark “No.”  For any Soldier who enlisted after 1985, mark “No.”

10.  Army Regulation 635-5 in effect at the time of her retirement stated for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service in item 18 of the DD Form 214 enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The Gulf War Deployment Roster shows the applicant served in Southwest Asia from 1 January to 9 May 1991.  Therefore, it would be appropriate to correct her DD Form 214 to show this foreign service and the dates of this service.

2.  She served during a qualifying period for entitlement to the Global War on Terrorism Service Medal and served in Southwest Asia during a qualifying period for entitlement to the Kuwait Liberation Medal-Kuwait, neither of which are shown on her DD Form 214.  Therefore, her DD Form 214 should be corrected to show these awards.

3.  With respect to showing she served in Southwest Asia from November 1990 to May 1991, the Gulf War Roster only verifies her service in Southwest Asia from 1 January to 9 May 1991 and she has not provided any evidence to support any additional foreign service in Southwest Asia.  Therefore, she is not entitled to full relief. 

4.  The VEAP program is different from the MGIB in that VEAP was available if a member elected to make contributions from his/her military pay to participate in this education benefit program.  The member's contributions are matched on a $2 for $1 basis by the Government.  To qualify for VEAP, in addition to other conditions, a member must have entered the service between 1 January 1977 and 30 June 1985.

5.  Although she entered active duty prior to 30 June 1985, there is no evidence in the available record and the applicant did not provide any evidence that she contributed any money towards a post–Vietnam era VEAP.  Additionally, if a 
Soldier contributed to VEAP and did not get money back, the entry is marked "Yes" and for those who enlisted before 1984, contributed to VEAP, and received their money back, the entry is marked "No."  The applicant provides insufficient evidence for the Board to establish the correct entry.  In the absence of additional evidence related to contributions and/or receipt of money back, it must be presumed this entry is correctly marked on her DD Form 214. 

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 amending her DD Form 214 by:

* adding to item 13 the Kuwait Liberation Medal-Kuwait and the Global War on Terrorism Service Medal
* adding to item 18 the entry SERVICE IN SOUTHWEST ASIA FROM 19910101-19910509

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 amending her DD Form 214 by showing her service in Southwest Asia from November 1990 to May 1991 and changing the entry in item 15a from "No" to "Yes." 



      ___________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)                                         AR20140007876





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ABCMR Record of Proceedings (cont)                                         AR20140007876



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