MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            30 August 2001                 
	DOCKET NUMBER:   AR2001053000

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his separation document (DD Form 214) to show he entered on active service on 16 August 1976 and he served in Operation Desert Shield/Storm.

APPLICANT STATES:  That the State of New Jersey required that his DD Form 214 state he served in Saudi-Arabia during Operation Desert Shield/Storm to be eligible for the Veterans Property Tax Rebate.  He submits copies of his DD Form 214, Leave and Earning Statements for the periods 1 through 30 January 1992 and 1 through 30 September 1976 and his Personnel Qualification Record in support of his request.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered into the Delayed Entry Program as a private, pay grade E-1 on 16 August 1976, and he entered in the Regular Army (RA) on 27 August 1976 for 3 years.  

He was honorably discharged on 26 July 1979 and he reenlisted in the RA on 27 July 1979.

He attained the grade of sergeant, pay grade E-5 on 3 December 1982.

He received a DD Form 214 for service from 16 August 1976 (sic) to 26 July 1979.  His net active service for this period was shown as 2 years, 11 months and 11 days (sic).

His records show he served in Saudi-Arabia from 8 December 1990 to 4 May 1991 in support of Operation Desert Shield/Storm.

He was honorably separated from active duty on 15 September 1992 and transferred to the USAR Control Group (Reinforcement).

His awards included the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia (SWA) Service Medal with Bronze Service Star, Kuwait Liberation Medal (KLM) (Saudi Arabia), M16 Expert Badge, Parachute Badge, Overseas Service Ribbon and the Good Conduct Medal.

His DD Form 214, item 18, issued on 15 September 1992 shows “served in SWA:  901203 - 910604.”  His net active service for this period was 13 years, 1 month and 19 days. 

Military personnel were awarded the SWA and the KLM awards in support of Operation Desert Shield/Desert Storm from 2 August 1990 to 30 November 1995.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to correction of his separation document issued on 15 September 1992 to show he entered on active service on 16 August 1976 and he served in Operation Desert Shield/Storm.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  He received a DD Form 214 showing his active duty service from 16 August 1976 (sic) to 26 July 1979.  He also received a DD Form 214 for his service from 27 July 1979 to 15 September 1992.

3.  His period of service in SWA is shown as 3 December 1990 to 4 May 1991 on his DD Form 214 as requested.  Also shown on his DD Form 214 are the awards of the SWA and KLM, confirmation of his service in Operation Desert Shield/Desert Storm.  His DD Form 214 is proper and he has not shown otherwise.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request the Army Review Boards Agency, Support Division correct the applicant’s separation document (DD Form 214) issued on 26 July 1979, Item 15 (Date Entered Active Duty This Period) to show 27 August 1976, Item 18a (Net Active Service This Period) to show 2 years and 11 months, Item 18c (Total 
Active Service) to show 2 years and 11 months, Item 18d (Prior Inactive Service) 

to show 11 days.  Further correct separation document (DD Form 214) issued on 15 September 1992, Item 12d (Total Prior Active Service) to show 2 years and 11 months and Item 12e (Total Prior Inactive Service) to show 11 days.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_lds____  __rvo___  _cjp____      DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR200105300	
SUFFIX		
RECON		
DATE BOARDED	20010830	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	110.01	
3.		
4.		
5.		
6.