MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 October 2002                   
	DOCKET NUMBER:   AR2002075853

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Shirley Powell 		Member	
	Mr. Elzey J. Arledge 		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:  In effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that she participated in Southwest Asia in support of Operation Desert Shield.

APPLICANT STATES:  That her service in Operation Desert Shield is not reflected on her DD Form 214.  In support of her application, she submits a copy of her DD Form 214; an Honorable Discharge Certificate, dated 16 January 1991; and a Certificate of Achievement, dated 3 December 1990.

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

On 27 August 1990, the applicant’s Reserve unit was activated and she was ordered to active duty in Fort Stewart, Georgia, in support of Operation Desert Shield.  She was honorably released from active duty on 16 January 1991 by reason of hardship.

The applicant’s DD Form 214, which was authenticated in her own hand, does not show that she served in Southwest Asia in support of Operation Desert Shield.  

In support of her claim, the applicant provided a Certificate of Achievement, dated 3 December 1990, which states “In Recognition of Faithful and Exemplary Performance of Duty during Operation Desert Shield.” 

There are no deployment orders to Southwest Asia in the available records.  

The applicant’s name does not appear in the Defense Manpower Desert Shield/Desert Storm Data Base.  

There is no evidence in the available records which shows the applicant served in Southwest Asia.

The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 
31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form will be entered in item 
12f.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.  However, for service in Southwest Asia, Department of the Army issued guidance that service in a temporary duty status in that theater would not be reported as foreign service unless for a period longer than 6 months and that Southwest Asia service would be reported in item 18 (Remarks) of the DD Form 214.

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.  Evidence of record shows the applicant’s Reserve unit was activated on 
27 August 1990 and she was ordered to active duty in support of Operation Desert Shield.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that she served in Southwest Asia in support of Operation Desert Shield.  

3.  The Board noted the Certificate of Achievement provided by the applicant which states “In Recognition of Faithful and Exemplary Performance of Duty during Operation Desert Shield.”  However, in the absence of deployment orders to Southwest Asia or any other evidence which shows the applicant served in Southwest Asia, the Board determined that there is no basis for granting the applicant’s request. 

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

FNE____  SP_____  EJA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002075853	
SUFFIX		
RECON		
DATE BOARDED	20021022	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	113.0000	
2.		
3.		
4.		
5.		
6.