BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160001326 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160001326 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for period ending 1 August 1991 as follows: a. deleting award of the Southwest Asia Service Medal with one bronze service star and b. adding the following awards: * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Kuwait 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to promoting him to the rank of sergeant and/or correcting his DD Form 214 to show military occupational specialty 62F and completion of his general education degree. _________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: 18 July 2017 DOCKET NUMBER: AR20160001326 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 promotion to sergeant (SGT)/E-5 and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 August 1991 by: * adding to item 11 (Primary Specialty), the military occupational specialty (MOS) 62F (Crane Operator) * adding any awards he may be authorized to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * showing he completed his general education degree (GED) in item 14 (Military Training) 2. The applicant states he was awarded MOS 62F in 1978 and served in that specialty for 8 months. Due to being injured, he was returned from overseas 2 months early and did not receive the promotion he was promised or any awards. Item 15b (High School Graduate or Equivalent) of his DD Form 214 shows he completed his GED in 1977; therefore, this information should be included with his military education on this form. 3. He provides his DD Form 214 and two DA Forms 4187 (Personnel Action). 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. Item 39 (Remarks) of the applicant's DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows he had prior service in the Army from April 1979 to July 1982. 3. On 9 March 1990, the applicant enlisted in the U.S. Army Reserve in the rank of private first class (PFC)/E-3. He was ordered to active duty in support of Operations Desert Shield/Desert Storm from 4 February to 1 August 1991. 4. On 1 August 1991, the applicant was released from active duty. He completed 5 months and 28 days of creditable active service. His DD Form 214 for this period shows: * item 11, no entry for MOS 62F * he was awarded or authorized the: * Army Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * National Defense Service Medal * Army Good Conduct Medal * Southwest Asia Service Medal (SWASM) with one bronze service star * Army Lapel Button * item 14, no completed training * item 15b, he completed his GED * item 18 (Remarks), he served in SWA from 13 March 1991 to 1 July 1991 5. His records are void of orders promoting him to SGT. The applicant's Official Military Personnel File contains a DD Form 215; however, the information recorded on this document is not legible. 6. He provided two DA Forms 4187 which show: * on 26 July 1978 his commander recommended approval of his request for award of primary MOS 62F based on his completion of 8 months of on-the-job training * he was advanced to SPC/E-4 effective 12 February 1991 REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management), chapter 7, in effect at the time, contained Army-wide promotion policy and procedures. It stated that the promotion of enlisted personnel to grades E-5 through E-9, appointments, grade reductions, and grade restorations were announced in routine orders. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for completing the DD Form 214. It stated for: * item 11 – enter the titles of all specialties numbers involving periods of one or more years * item 13 – list awards and decorations for all periods of service * item 14 – list in-service training courses successfully completed during the period of the report 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area 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 include Defense of Saudi Arabia, Liberation and Defense of Kuwait, and SWA Cease Fire. Appendix B shows that during his service in SWA, participation credit was awarded for the following two campaigns: * Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal-Kuwait was awarded by the Government of Kuwait to members of the Armed Forces of the United States who served in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 31 August 1993. DISCUSSION: 1. Regulatory guidance for promotion to SGT requires announcement in orders. His records are void of and he did not provide orders promoting him to SGT. 2. Army Regulation 635-5, in effect at the time, provided that only specialties served in for at least 1 year would be listed on the DD Form 214. The applicant completed 8 months of on-the-job training in MOS 62F, which does not satisfy this criterion. 3. Only training completed during the period covered by the DD Form 214 will be listed. Because his GED is not military training nor was it completed during the period of active duty covered, it is not appropriate to list this training in item 14 of his DD Form 214. 4. The records show the applicant participated in two campaigns during his service in SWA. His DD Form 214 does not reflect two bronze service stars with his SWASM to indicate his campaign participation. 5. He served a qualifying period for award of the Kuwait Liberation Medal-Kuwait. His DD Form 214 does not show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001326 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001326 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2