BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20150018661 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 BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20150018661 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. ____________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. BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20150018661 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 correction of his DD Form 214 (certificate of Release or Discharge from Active Duty) to show his deployment to Southwest Asia and associated awards. 2. The applicant states he received no awards for his involvement in Operations Desert Shield/Storm. His military records do not even reflect his overseas deployment. He was deployed with A Company, 3rd Engineer Battalion, 24th Infantry Division, in August of 1990. His DD Form 214 is incorrect. This error is hindering him in applying for medical benefits through the Department of Veterans Affairs (VA). He is unable to submit a successful claim due to these documented errors. While deployed in Operation Desert Shield/Storm, he was needed at home due to his wife's illness. He was temporarily assigned to Fort Knox, KY, while his hardship discharge was processed. He was discharged from active duty on 18 March 1991, and the rest of his obligation served in an inactive Reserve status until 1997. He was not aware that his military records did not reflect his deployment to Saudi Arabia during Operation Desert Shield/Storm until it was brought to his attention at the VA. He called the U.S. Army Human Resources Command at Fort Knox and they said they were unable to locate any deployment status in his military record. He needs his records to reflect his actual service and events. He should have also received awards that he feels he earned for his deployment. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 12 April 1989. He completed basic combat and advanced individual training, as well as the Basic Parachutist Course, and he was awarded military occupational specialty 12B1P (Combat Engineer with Airborne identifier). 3. In August 1989, following completion of training, the applicant was reassigned to Company A, 3rd Engineer Battalion, 24th Infantry Division, Fort Stewart, GA. While the applicant was at Fort Stewart, his records show: a. On 21 August 1990, he married his spouse. b. On 24 August 1990, he enrolled his spouse in the Defense Enrollment Eligibility Reporting System at Fort Stewart, GA, and applied for a military identification card for his spouse. 4. Section IV (Service Data), item 16 (Last Combat Tour) of his DA Form 2A (Personnel Qualification Record-Part I) does not show deployment to Southwest Asia. 5. Item 27 (Remarks) of the applicant's DA Form 2-1 (Personnel Qualification Record-Part II) does not list any deployments or receipt of hostile fire pay and item 35 (Record of Assignments) does not show any activity other than being assigned to Fort Stewart. 6. On 31 December 1990, he submitted an ATZK-AG Form 1405 (Application for Separation – Hardship or Dependency). On this form, the applicant: * listed his unit of assignment as Company A, 3rd Engineer Battalion, Fort Stewart, GA * indicated he had taken emergency leave from 7 December 1990 to 1 January 1991 * listed the words "Desert Shield" under the block DEROS (date eligible to return from overseas) 7. On 2 January 1991, Headquarters, U.S. Army Armor Center, Fort Knox, KY, published Orders 002-163, attaching the applicant to Company A, U.S. Army Armor Center, Fort Knox, for 30 days, effective 31 December 1990. 8. On 9 January 1991, the Adjutant General, U.S. Army Armor Center, Fort Knox, KY approved the applicant's request for hardship separation. 9. On 16 January 1991, Headquarters, U.S. Army Armor Center, Fort Knox, published Orders 016-169, attaching the applicant to Company A, U.S. Army Armor Center, Fort Knox, indefinitely. 10. Also on 16 January 1991, the applicant submitted a DA Form 4187 (Personnel Action) requesting to be placed on excess leave upon approval of his hardship discharge. On this form, he listed his unit of assignment as Company A, U.S. Army Armor Center. Also on this date, the Chief, Personnel Operations Branch, Headquarters, U.S. Army Armor Center, approved his request. 11. On 9 March 1991, Headquarters, U.S. Army Armor Center, published Orders 068-115, reassigning him from Company A, U.S. Army Armor Center, to the U.S. Army Transition Center for separation processing effective 18 March 1991. 12. On 16 March 1991, Headquarters, U.S. Army Armor Center published Orders 065-155, releasing him from attachment to Company A and assigning him to that unit, effective 14 March 1991 (amended to 15 March 1991). 13. He was honorably released from active duty on 18 March 1991. His DD Form 214 shows in: * Item 12f (Foreign Service), None * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, Parachutist Badge, Humanitarian Service Medal and National Defense Service Medal * Item 18 (Remarks) does not show deployment to Southwest Asia; but, it lists his excess leave from 17 January 1991 to 18 March 1991 REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. * Item 12f reflected an entry of the total amount of foreign service completed during the period by the DD Form 214 * Item 13 reflected all awards and decorations * Item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed), Form (inclusive dates YYYYMMDD - YYYYMMDD) 2. Army Regulation 600-8-22 (Military Awards) states: 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 awarded by the Government of Kuwait 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. DISCUSSION: The available evidence does not clearly establish if and when the applicant deployed to Southwest Asia: a. Operation Desert Shield officially began on 2 August 1990. The applicant was still on Fort Swart at least on 24 August 1990 when he applied for an identification card for his spouse whom he had married on 21 August 1990. If he had deployed, the earliest date he could have left would have been after 24 August 1990. He states he deployed in August 1990. b. He indicated he took emergency leave from 7 December 1990 to 1 January 1991 and listed his unit as Fort Stewart, GA; but, he also listed the words "Desert Shield" under the block DEROS of his application for hardship discharge. However, it is unclear of he meant he or his unit was participating in this operation. c. Following conclusion of his emergency leave, he was attached to a unit at Fort Knox, KY, effective 1 January 1991. He remained there until separation on 18 March 1991. d. It is possible the applicant deployed to Southwest Asia from (not earlier than) 25 August 1990 to (not later than) 6 December 1990. However, there is no evidence anywhere in the available records that confirms he actually deployed. If he did, in fact, deploy, he would have become eligible for the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal (Kuwait). e. Evidence of his deployment would include documents such as a manifest report, deployment orders, temporary duty orders, temporary change of station orders, contemporaneous Leave and Earnings Statements reflecting hostile fire pay, and/or witness statements from individuals who deployed with him (such as his commander, unit first sergeant). These types of documents are not available in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018661 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018661 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2