IN THE CASE OF:    

		BOARD DATE:  13 January 2015	  

		DOCKET NUMBER:  AR20140008240 


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 for correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service.

2.  The applicant states he wants his DD Form 214 corrected to reflect his actual duty.  He was assigned to:

* Germany from November 1989 to January 1991
* Persian Gulf from January 1991 to June 1991
* Germany from July 1991 to April 1992
* Fort Bragg, NC from May 1992 to November 1992

3.  The applicant provides his DD Form 214 and General Discharge Certificate.

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 Board for Correction of Military Records (ABCMR) in Docket Number AR1999018908 on 11 August 1999.

2.  The applicant provides a new argument which was not previously considered by the Board.  Therefore, it is considered new evidence and warrants consideration by the Board. 

3.  The applicant enlisted in the Regular Army on 26 July 1989 and held military occupational specialty 82C (Field Artillery Surveyor).  The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.  

4.  His DA Form 2-1 (Personnel Qualification Record-Part II) does not include any evidence to show he served in Germany or the Persian Gulf. 

5.  The Gulf War Roster shows he was deployed from 1 January 1991 to 3 May 1991 (4 months and 3 days).  However, his deployed location is not listed.

6.  ABCMR Docket Number AR1999018908, dated 11 August 1999 shows in the findings portion of the Proceedings that:

	a.  The applicant "was awarded the Good Conduct Medal for the period 
25 July 1989 to 24 July 1992 on orders from Fort Bragg… There is no chronology of duty assignments available in the applicant's military record.  His last unit of assignment was HHC [Headquarters and Headquarters Company] Battery, 3rd Battalion, 18th Field Artillery, Fort Bragg, NC."

	b.  "The applicant went AWOL [absent without leave] from  HHC Battery on 19 October 1992 until he was apprehended at Fort Lee on 10 September 1993 and then confined at the Personnel Control Facility at Fort Dix, NJ."

	c.  "The applicant's [military] counsel submitted a letter… [wherein he discussed the applicant's] 3 years and 4 months [of] honorable service and his honorable service in Operations Desert Storm and Desert Shield serving with the 1/3 Field Artillery."

7.  ABCMR Docket Number AR1999018908 shows in the conclusions portion of the Proceedings that the "applicant's military legal counsel's letter should be accepted as secondary evidence that the applicant did serve overseas in Germany and Desert Shield/Desert Storm.  On this basis, the applicant's DD Form 214 should show that he was awarded the Southwest Asia Service Medal and one overseas service bar.  Since exact dates for service in Germany and Southwest Asia are not known due to missing records, only an assumption can be made that the applicant's foreign service was at least 6 months based on general history of military commitment in those areas.  The DD Form 214 should show 6 months foreign service."

8.  ABCMR Docket Number AR1999018908 shows in the recommendation portion of the Proceedings and the Board approved the recommendation that the applicant's DD Form 214 be corrected to show he had 6 months foreign service.
9.  His DD Form 214 shows, on 14 January 1994, he was discharged under honorable conditions (general).  His DD Form 214 also shows in:

* item 12f (Foreign Service) 0 years, 6 months, and 0 days
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Southwest Asia Service Medal with 3 bronze service stars and one Overseas Service Ribbon
* item 18 (Remarks) that no remarks were made referencing his foreign service

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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.

	b.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was 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.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for preparation of the DD Form 214.  It states for:

* item 13, list awards and decorations for all periods of service in the priority sequence and verify each entry with the Soldier’s records
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) From (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to show all of his foreign service in Germany and the Persian Gulf has been carefully considered.  Unfortunately, his records do not contain any evidence of his assignment to Germany.  As such, there is insufficient evidence to grant this portion of his request.

2.  The Gulf War roster shows he was deployed from 1 January 1991 to 3 May 1991 somewhere in the Southwest Asia during the Persian Gulf War.  Therefore, he is entitled to correction of his DD Form 214 to show this service.

3.  The dates of his deployment to Southwest Asia during the Persian Gulf War show he served a qualifying period for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

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 partial amendment of the ABCMR’s decision in Docket Number AR1999018908, dated 11 August 1999.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 in:

* item 13 the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait 
* item 18 the entry "Service in Southwest Asia from 19910101 – 19910503"

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 listing the specific dates of his service in Germany.



      ____________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)                                         AR20140008240





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ABCMR Record of Proceedings (cont)                                         AR20140008240



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