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ARMY | BCMR | CY2014 | 20140010909
Original file (20140010909.txt) Auto-classification: Approved

		IN THE CASE OF:    

		BOARD DATE:  2 April 2015	  

		DOCKET NUMBER:  AR20140010909 


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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service during Desert Shield/Desert Storm.

2.  The applicant states:

* His military service was not correctly entered on his DD Form 214
* He was unaware of the importance of his DD Form 214
* He signed his DD Form 214 along with several other papers without a thorough review

3.  The applicant provides:

* Jumps-Army Leave and Earnings Statement (LES) for the period 1 April through 30 April 1991
* Army Board for Correction of Military Records (ABCMR) Notification letter, dated 18 January 2006
* ABCMR Record of Proceedings, dated 10 January 2006
* Customer Survey
* Orders 036-404, dated 5 February 1991
* DD Form 214, dated 30 October 1994


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 ABCMR in Docket Number AR20050008267 on 10 January 2006.

2.  As new evidence the applicant provides a copy of Orders 035-404 dated 5 February 1991 which shows he was ordered to proceed on temporary duty (deployment) in support of Operation Desert Storm, effective 7 February 1991.  

3.  The applicant enlisted in the Regular Army on 1 November 1990.  He completed training as a cannon crewmember.

4.  The applicant provides a copy of his LES for the period 1 April through 30 April 1991, which shows he received danger pay from February 1991 through 3 April 1991.

5.  On 24 February 1994, Permanent Orders 035-0093 were published awarding the applicant the Good Conduct Medal (First Award) for the period 1 November 1990 through 31 October 1993.

6.  The applicant was honorably discharged on 30 October 1994.  Item 12f (Foreign Service) on his DD Form 214 does not show he had any foreign service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded to Good Conduct Medal (First Award) or Operation Desert Storm awards.

7.  Army Regulation 635-5 (Separation Documents) then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge.  It stated:

	a.  In item 12f – From the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  Item 13 – Decorations medals, badges, citations and campaign ribbons will be entered from information recorded on the ERB.


	c.  In item 18 (Remarks) – For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM YYYYMMDD-YYYYMMDD)" will be entered.  

8.  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 serving in Southwest Asia and contiguous waters or airspace there over, 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 designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 (KLM-K) 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.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Based on the evidence provided by the applicant, it appears that he served in Southwest Asia from 7 February until 3 April 1991.  He has provided orders showing he was deployed in support of Operation Desert Storm and his LES which show he received danger pay from February until April 1991.

3.  It appears the Good Conduct Medal should be added to his DD Form 214.

4.  In view of the foregoing, the applicant's records should be corrected to show his foreign service.


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 amendment of the ABCMR’s decision in Docket Number AR20050008267, dated 10 January 2006.  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 to show the following:

	a.  Item 12f "00 Year(s) – 01 Month(s) – 28 Day(s)";

	b.  Item 13 – Good Conduct Medal (First Award), Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal (SA), and Kuwait Liberation Medal (K); and

	c.  Item 18 – "SERVICE IN KUWAIT FROM 19910207-19910403."



      _______ _   _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)                                         AR20140010909



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ABCMR Record of Proceedings (cont)                                         AR20140010909



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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