ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  6 August 2021 DOCKET NUMBER:  AR20210006940 


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: 

•his combat service in Desert Storm/Desert Shield

•the various units in which he served

•completion of Air Assault School

•completion of all training

•several injuries he suffered throughout his service

•his rank/grade as Specialist (SPC)/E-4



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Award Completion Certificate, Basic Skills Education Program (BSEP) II Class,dated 31 May 1989

•Letter of Appreciation, dated 17 June 1991

•Certificate of Achievement, dated 23 June 1989

•Certificate of Instruction, RESCUE 2, dated 23 June 1989

•Certificate of Achievement, dated 30 March 1991

•2 DD Forms 214



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states, in effect:

a.His combat service is not updated to show service in Desert Storm/Desert Shieldor his Headquarters Company at Fort Belvoir, VA.  He was in a Patriot unit out of Fort Bliss, TX, during Desert Storm/Desert Shield.  In addition, the 18th Airborne Corps is not shown from his service in Desert Storm in Saudi Arabia and his air assault training from the Military District of Washington (MDW) Engineers is not listed. 

b.He suffered the following injuries while in basic training at Fort Leonard Wood,MO, which are not shown: 

•his left hand (dominate hand) was cracked during a training exercise and he alsosuffered a concussion

•his knee was injured during air assault training

•both shoulders were injured during air assault training

•his back was injured

•he suffered partial hearing loss because of all the demolition training at FortBelvoir, VA, and in Saudi Arabia during Desert Storm/Desert Shield



c.His full training record and service are not shown.  He traveled by himself fromFort Belvoir, VA, to Fort Knox, KY, then caught a ride with a company that was attached to the 18th Airborne Corps.  He has been trying to get this corrected since 1991, and was told more than once that records including medical records from DeWitt Hospital at Fort Belvoir, VA, as well as at Walter Reed Hospital in Washington DC, could not be found.  His MDW Engineer unit has been deactivated and show no record of the training he did while he was there.  They hosted air assault school because everyone in the unit had to be air assault qualified. 

3.The applicant enlisted in the Regular Army on 15 November 1988.  He completedtraining and he was awarded military occupational specialty 12B (Combat Engineer).

4.His Official Military Personnel File contains a/an:

a.DA Form 4187 (Personnel Action) which shows he was promoted to therank/grade of SPC/E-4 effective 1 August 1990. 

b.DA Form 4187 which shows he was reduced in rank/grade to Private First Class(PFC)/E-3 effective 5 August 1990. 

c.DA Form 4126 (Bar to Reenlistment Certificate) that shows he received a locallyimposed bar to reenlistment on 21 August 1991. 

d.DA Form 2173 (Statement of Medical Examination and Duty Status) which showswhile in Saudi Arabia on 2 February 1991, he injured his back lifting heavy objects, sand bags, missiles, and heavy machine parts.  

e.DA Form 2-1 (Personnel Qualification Record) does not show overseas service,or completion of Air Assault School.  It shows on 10 March 1989, he was assigned to Headquarters, U.S. Army Fort Belvoir, with duty MDW Engineer Company, Fort Belvoir, VA, performing duty as a combat engineer until his release from active duty (REFRAD) on 30 September 1991.  

f.DA Form 2A (Personnel Qualification Record) dated 16 August 1991, lists hisrank/grade as PFC/E-3 with a date of rank of 5 August 1991.  Additional skill identifier 2B for successful completion of Air Assault School is not present.  This form does not list any combat tours. 

5.On 26 August 1991, the applicant requested immediate discharge from active dutydue to his inability to overcome the locally imposed bar to reenlistment.  His requestwas approved on 3 September 1991.

6.The applicant was honorably REFRAD on 30 September 1991.  He completed2 years, 10 months and 16 days of net active service this period with no time lost.  TheDD Form 214 he was issued shows he was awarded or authorized the NationalDefense Service Medal, Army Service Ribbon, Expert Marksmanship QualificationBadge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with RifleBar (M-16) and Sharpshooter Marksmanship Qualification Badge with Pistol Badge(9mm).  It does not show award of the Air Assault Badge.

7.The form further shows in:

•Item 4a (Grade, Rate or Rank) PFC

•Item 4b (Pay Grade) E3

•Item 8a (Last Duty Assignment and Major Command) USA MDWENGINEERING CO MW

•Item 8b (Station Where Separated) Fort Belvoir, VA  22060-5016

•Item 12f (Foreign Service) does not show an entry

•Item 12h (Effective Date of Pay Grade) shows 5 August 1991

•Item 14 (Military Education) does not show completion of Air Assault School

•Item 18 (Remarks) does not show service in Southwest Asia



8.The applicant provides a/an:

a.Northern Virginia Community College Award of Completion, for having attendedBSEP II, dated 31 May 1989.  The certificate does not indicate a number of hours completed. 

b.Certificate of Achievement for accomplishment of personal skills in the operationand use of the AMKUS Rescue System, presented on 23 June 1989.  The certificate does not indicate a number of hours completed. 

d.Certificate of Instruction noting his completion of 40 hours of Military RescueIntervention I, presented 23 June 1989.  This information is listed in item 14 (Military Education) of his DD Form 214. 

e.Certificate of Achievement for exceptionally outstanding service in support of AirDefense Artillery Combat Operations during Operation Desert Storm, dated 30 March 1991.  This certificate does not list dates of arrival or departure for this service. 

f.Letter of Appreciation dated 17 June 1991, from the Commander, U.S. Army FortBelvoir who welcomed the applicant back and thanked him for the outstanding job he performed during Operation Desert Storm.  This certificate does not list dates of arrival or departure for this service. 

9.The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.The primary Desert Shield/Storm file contains one record for each active duty memberwho participated in-theater between 2 August 1990 and 31 July 1991.  The DesertShield/Storm Data Base does not show the applicant served in Southwest Asia.

10.Commanders may recognize acts, achievements, or periods of faithful servicewhich do not meet the standards required for decorations by issuing a DA Form 2442(Certificate of Achievement) or a certificate of achievement of local design.  Althoughcopies of certificates of achievement or memoranda of record stating that a certificate ofachievement has been awarded are filed in the Army Military Human Resource Record(AMHRR), there is no provision to list a certificate of achievement on the DD Form 214.

11.The entry (course Title, number of weeks, and month and year completed) in item14 shows formal in-service (full-time attendance) training courses successfullycompleted during the period covered by the DD Form 214.  This information is intendedto assist the Soldier in job placement and counseling; therefore, training course forcombat skills are not to be listed.


BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted.  The applicant’s contentions, the military record, and regulatory guidance were carefully considered.  The applicants record is void evidence showing he deployed in support of the Gulf War, he completed the Air Assault Course, nor shows he was discharged at the rank of SPC.  The Board agreed none of the additional requested military education meets regulatory guidance for placement on his DD Form 214.  The applicant is advised the Board does not amend medical records, and should seek assistance from the nearest military medical treatment facility to address this portion of his request.  Based upon a preponderance of the evidence, the Board determined there is insufficient evidence to grant relief. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

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 insufficient as a basis for correction of the records of the individual concerned. 


Microsoft Office Signature Line...

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. 

REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so.

2.  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.  In established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for: 
 
 a.  item 12f, 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 Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier’s records.  Do not use abbreviations. 
 
 c.  the entry (course Title, number of weeks, and month and year completed) in item 14 shows formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214.  This information is intended to assist the Soldier in job placement and counseling; therefore, training course for combat skills are not to be listed. 
 
 d.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”   
 
3.  Army Regulation 600-8-22 provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 or a certificate of achievement of local design.  Certificates of achievement will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement.  Copies of certificates of achievement or memoranda of record stating that a certificate of achievement has been awarded and citing the service recognized will be distributed to the AMHRR. 
 
4.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  he ABCMR considers individual applications that are properly brought before it.  The ABCMR will decide cases on the evidence of record.  It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
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