IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160000740 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: 12 October 2017 DOCKET NUMBER: AR20160000740 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. IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160000740 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 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal, the Humanitarian Service Medal, and to show his service during Joint Task Force Andrew operations (September 1992) and Operation Uphold Democracy (September - November 1994). 2. The applicant states his last DD Form 214 does not include his awards received or periods of service in 1992 and 1994. 3. The applicant provides: * August 1991 DD Form 214 * April 1992 DD Form 215 (Correction to the DD Form 214) * October 1992 DA Form 67-8 (Officer Evaluation Report (OER)) * January 1993 DA Form 4980-14 (Army Commendation Medal Certificate) * September 1994 DA Form 67-8 (OER) * November 1994 DD Form 220 (Active Duty Report) * January 1995 DA Form 638-1 (Recommendation for Award) * February 1995 DD Form 256A (Honorable Discharge Certificate) 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 was commissioned in the U. S. Army Reserve (USAR) on 28 May 1978 and entered active duty in the Regular Army on 2 June 1978. He served continuously through 5 August 1985 when he was discharged due to expiration of term of service. He was transferred to the USAR Control Group (Reinforcement). Upon discharge, he was issued a DD Form 214 showing an Army Commendation Medal among his authorized awards. 3. He was called to active duty in support of Operation Desert Shield/Desert Storm for the period 28 January 1991 through 18 August 1991. Upon release from active duty he was issued a DD Form 214 showing his service in Southwest Asia from 9 February through 26 July 1991 and lists his awards as: * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with one bronze service star * Army Lapel Button * Overseas Service Ribbon * Army Commendation Medal (3rd Award) * Meritorious Service Medal * Army Reserve Component Achievement Medal 4. A DD Form 215 issued on 30 April 1992 amended his 1991 DD Form 214 by correcting and then adding additional awards: * National Defense Service Medal (2nd Award * Southwest Asia Service Medal with two bronze service stars * Army Commendation Medal with third oak leaf cluster (4th Award) * Kuwait Liberation Medal 5. The applicant was called to active duty to participate in Joint Task Force Andrew from 11 through 29 September 1992, a period of 19 days for which he received an OER that accounts for these dates of service. Based on this service he was authorized award of the Humanitarian Service Medal. 6. The applicant was called to active duty (voluntary activation) in support of Operation Uphold Democracy for the period 23 September through 2 November 1994, a period of 41 days. Upon his release from active duty he was issued a DD Form 220 accounting for this period of active duty service. No awards are shown on this form. 7. 1st Corps Support Command Permanent Orders Number 5-17 awarded the applicant the Army Commendation Medal (5th Award) for his service during Operation Uphold Democracy. The orders were issued on 25 January 1994. 8. The applicant was honorably discharged from the USAR effective 22 February 1995. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The preparer should enter the date of entry onto active duty and the date of separation for the specified period of service. b. A DD Form 214 will be prepared for each Reserve Component Soldier completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. c. For Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) it states to enter awards for all periods of service for the period covered by the DD Form 214. Upon preparation, the preparer of the form should check the Soldier's service records for validity of all awards. DISCUSSION: 1. Neither of the applicant's two additional periods of active duty service were in excess of 90 days. Based on regulatory guidance there was no requirement to issue a separate DD Form 214 for these two brief periods of service. As his active service in 1992 and 1994 was after 1991, there is also no regulatory provision for including on a DD Form 214 awards issued after he received his last DD Form 214. 2. The applicant's last DD Form 214, as amended by a DD Form 215, was for his period of active service ending on 18 August 1991. He received the Humanitarian Service Medal for service in 1992. He received his fifth award of the Army Commendation Medal in January 1995 for service from 17 September to 4 November 1994. As these two awards were authorized after 1991, there is not basis for including them on the 1991 DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000740 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000740 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2