IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012634 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012634 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20140018483 on 2 July 2015. ______________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. IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012634 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 earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Korea on active duty during the Gulf War Era. 2. The applicant states he fully understands the complexity and tedious process. Some of the documents are missing or were erroneous during the record review. His DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) indicates the years he served in Korea from August 1990 to May 1991. His DD Form 214 should show he served in Korea during the Gulf War era. 3. The applicant provides his DD Form 214 and his previously-considered DA Form 2166-7 for the rating period August 1990 through May 1991. 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 AR20140018483 on 2 July 2015. 2. The applicant provides his NCO Evaluation Report for the rating August 1990 through May 1991. The applicant does not provide any new documentary evidence but provides a new argument, received within 1 year of the Board's previous decision. 3. The applicant enlisted in the Regular Army on 9 February 1979. He held military occupational specialty 11M (fighting vehicle infantryman). 4. He served through multiple reenlistments in a variety of stateside or overseas assignments, including Germany and Korea, and he attained the rank/grade of staff sergeant (SSG)/E-6. 5. His records contain and he provides a DA Form 2166-7 for the rating period August 1990 through May 1991. This form shows: * he was assigned to E Company, 1st Battalion, 5th Infantry, Army Postal Office 96224 (Korea) * he served as a section leader supervising the mechanized infantry anti-armor section forwardly deployed in the Republic of Korea 6. His records contain a DA Form 2166-7 for the rating period June 1991 through September 1991. This form shows: * he was assigned to E Company, 1st Battalion, 5th Infantry, 2nd Infantry Division, Korea * he served as a platoon sergeant for a heavy maneuver brigade located 25 kilometers from the Demilitarized Zone (DMZ) in Korea 7. He retired on 28 February 1999 and he was placed on the retired list in his retired rank/grade of SSG/E-6 on 1 March 1999. His DD Form 214 lists in: * Item 12f (Foreign Service) – 5 years, 11 months, and 29 days * Item 18 – No service in Korea REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of separation. The regulation in effect at the time of his retirement stated: a. Item 12f - from the DA Form 2-1 (Personnel Qualification Record), enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period). b. Item 18, for Reserve Soldiers ordered to active duty to support a contingency operation, enter the following three statements in succession. (However, for active duty Soldiers deployed with their units during their continuous period of active service, enter only the second statement.): (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER Title 10, United States Code 10 (USC) (applicable section)." (2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (specify dates)." (3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." DISCUSSION: 1. The applicant's service in Korea is not in question. His NCO Evaluation Reports clearly show he served in Korea, albeit without the exact dates of arrival or departure. However, there is no provision in the regulation in effect then to list his service in Korea on the DD Form 214. 2. Soldiers deployed individually or with their units in support of contingency operations, such as Operations Desert Shield/Storm (Southwest Asia), Operation Urgent Fury (Grenada), Operation Iraqi Freedom (Iraq), etc, may have their DD Form 214 annotated in item 18 to reflect their deployment. This is not the case here. 3. The applicant was stationed in Korea on a permanent change of station and not in support of contingency operations. Such foreign service is reflected in item 12f of the DD Form 214. The applicant may use this Record of Proceedings to confirm his foreign service in Korea. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012634 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012634 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2