IN THE CASE OF: BOARD DATE: 25 September 2020 DOCKET NUMBER: AR20200001299 APPLICANT REQUESTS: in effect, correction of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show the following: * item 12i (Reserve Obligation Termination Date) on her DD Form 214 covering the period ending 29 April 1988 to show 14 December 1995 (95 12 14) * item 6 (Reserve Obligation Termination Date) on her DD Form 214 covering the period ending 19 May 1991 to show 14 December 1995 (95 12 14) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 covering the period ending 29 April 1988 * DD Form 214 covering the period ending 19 May 1991 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. Her 6 months of extended service is not reflected on her DD Forms 214. They currently show a separation date (presumably meaning Reserve Obligation Termination Date) of 14 December 1995; however, her time was extended by 6 months until June 1996. b. She was in training at Fort Sam Houston, TX, during this time. Chief M____ N____ was the officer of her unit, the 340th Supply and Service Company out of San Antonio, TX and she worked under Sergeant K____ and Staff Sergeant B____. Although it’s been over 15 years since her service, she is requesting to have her record corrected. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 15 December 1987. 4. Her first DD Form 214, covering the period ending 29 April 1988, shows: * she entered active duty for training on 29 December 1987 * she was released from active duty on 29 April 1988 in an entry level status and was transferred to her USAR unit, 340th Supply and Service Company * item 12i shows her Reserve Obligation Termination Date was 95 12 14 5. Her second DD Form 214, covering the period ending 19 May 1991, shows: * she was ordered to active duty in support of Operation Desert Shield/Desert Storm on 27 September 1990 * item 6 shows her Reserve Obligation Termination Date was 14 December 1995 (95 12 14) * she was honorably released from active duty on 19 May 1991 due to her expiration term of service (ETS) and transferred to her USAR unit 340th Supply and Service Company * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Kingdom of Saudi Arabia), or Kuwait Liberation Medal (Government of Kuwait) * item 18 (Remarks) shows SERVICE IN SOUTHWEST ASIA 901030-910421 6. Her records contain a DA Form 4866 (Oath of Extension of Enlistment or Reenlistment), which shows on 19 July 1995, she voluntarily extended her current USAR contract with an ETS date of 14 December 1995 by 6 months, giving her a new USAR ETS date of 14 June 1996. 7. Headquarters, USAR Orders 96-180-011, dated 28 June 1996, honorably discharged her from the USAR effective 28 June 1996, due to her ETS. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The DD Form 214 is intended to reflect a Soldier's record as it exists at the time of release or discharge from active duty. In this case, the Board agreed that it appears the applicant has confused her Reserve obligation termination date, a date established by law when a Soldier initially enlists, with her extended ETS date. Extending her initial USAR contract did not change her Reserve obligation termination date. Her extended ETS date is properly reflected on the orders that discharged her from the USAR. The Board determined there is no error in the Reserve obligation termination date recorded on the applicant's DD Forms 214. 3. The Board concurred with the corrections addressed in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the corrections addressed in Administrative Note(s) below, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows her DD Form 214 covering the period ending 19 May 1991 should be amended with the following administrative corrections: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) add: * Southwest Asia Service Medal with three Bronze Service Stars * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. a. It established standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). The general instructions state all available records would be used as a basis for preparation of the DD Form 214. b. The instructions for item 12i and in a later version of this regulation, item 6 (Reserve Obligation Termination Date) state the Reserve Obligation Termination Date refers to the completion date of the statutory service obligation incurred by all personnel on initial enlistment or appointment into the Armed Forces, which requires that an individual with no previous military service who is enlisted or appointed into the Armed Forces before 1 June 1984 must serve a period of 6 years, and on or after 1 June 1984, must serve a period of 8 years. The military service obligation (MSO) starts on the date of initial enlistment or appointment in the Regular Army (RA), Army National Guard (ARNG), and the U.S. Army Reserve (USAR) to include the Delayed Entry Program (DEP). DEP time is credited in computing this date. For Soldiers discharged, dismissed, or dropped from the Army rolls or with an expired MSO, enter “00 00 00.” Soldiers within 90 days of their MSO termination date at separation with be considered to have completed their MOS and “00 00 00” will be entered. c. The instructions for item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) state to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier’s records. Do not use abbreviations. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. To be eligible, a service member must meet one or more of the following criteria: * be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations * be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations * be actually participating as a crew member in one or more aerial flights directly supporting military operations in the designated areas * be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days; these time limitations may be waived for people participating in actual combat operations b. The Kuwait Liberation Medal (Kingdom of Saudi Arabia), 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 (Government of Kuwait) 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001299 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1