BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002537 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: 17 August 2017 DOCKET NUMBER: AR20160002537 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: 17 August 2017 DOCKET NUMBER: AR20160002537 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 service in Kuwait and Iraq from 20 February to 26 April 1991 vice 20 March to 26 March 1991 * his primary military occupational specialty (MOS) as 11B (Infantry) in addition to his secondary MOS 42B (Personnel Systems Management Officer) 2. The applicant states: a. His DD Form 214 from Operation Desert Storm reflects in item 18 (Remarks) his service in Southwest Asia as "900126-910608" and Kuwait as "910320-910326." His service in Kuwait should have reflected "910220-910426." He was there during this period of time with his team. b. His MOS is listed as 42B which is wrong as it was his secondary MOS and one that did not fit in a combat maintenance unit activated from the Alabama Army National Guard (ALARNG). His commander specifically changed his MOS orders back to the 11B series as it was more compatible for his mission in Kuwait and Iraq with a Regular Army Provisional Battalion. His unit was disbanded as a Alabama Army National Guard (ALARNG) unit and thus scattered all over the desert for various missions. c. The record is unjust as it is not accurate. He has included a statement from a friend that remembers some of the details of their missions and actions but was not specific about the dates. However, he (the applicant) keeps a personal journal of his dates and he knows his military records will reflect the same (Department of Veterans Affairs (VA)) C-File that the government has. This is important for his history and claims. d. He includes photos and a VA Combat Exposure Scale (CES) statement proving it was impossible for him to accomplish all these things with such a short period of time (6 days) (in Kuwait) as reflected on his original DD Form 214. Also, he never signed his original DD Form 214 and was not even on active duty when his DD Form 214 arrived. He never looked at it closely. He was happy to be alive, at home and had enrolled in law school to keep busy. He was listed as an 11B officer but did not care after his return home until now for the prosperity of his family heritage as he was an enlisted 11B Infantry graduate, an infantry Officer Basic Course graduate, and is Special Forces qualified. 3. The applicant provides: * 1985 Infantry Officer Basic Course diploma * 1991 DD Form 214 * VA CES Scoring Sheet * Photographs of Soldiers in desert fatigues * Statement from a friend (not received/not included) 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, and 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's record contains a DD Form 214 (Report of Separation from Active Duty) showing he honorably served in the U.S. Navy from 3 February to 3 August 1975. He completed 6 months and 2 days of active service and had 20 days of inactive service. 3. He enlisted in the ALARNG on 16 July 1977. He completed infantry advanced individual training at the U.S. Army Infantry Center and received a diploma in testimony thereof on 20 December 1977. 4. He entered active duty as a member of the ALARNG in the Active Guard Reserve Program on 15 November 1979. He completed the Reserve Component Recruiting Course in December 1979, the Advanced Noncommissioned Officer Course in June 1981, and the Jumpmaster Qualification Course in August 1981. 5. He was honorably released from active duty on 14 November 1983 and transitioned to Title 32, USC, section 502(f). His DD Form 214 for this period listed his primary MOS as 00B (Recruiter). 6. He reentered active duty on 15 November 1983 in the ALARNG AGR Program. He was honorably released from active duty on 27 July 1985 to accept a commission. His DD Form 214 for this period listed his primary MOS as 00E (Recruiter). 7. He was honorably discharged from the ALARNG on 27 July 1985. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his primary MOS as 11B and his secondary MOS as 00E. 8. He was appointed as a Reserve commissioned officer of the ALARNG and entered active duty for training (ADT) on 28 July 1985. He subsequently completed the 17-week Infantry Officer Basic Course on 22 November 1985. 9. He was honorably released from ADT on 22 November 1985. His DD Form 214 for this period of service shows his primary MOS as 11 (Infantryman). He was honorably separated from the ALARNG on 20 February 1986. His NGB Form 22 shows his primary MOS as 5P (Parachutist) as of 12 November 1985. 10. He was appointed as a commissioned officer of the ALARNG and executed an oath of office on 3 July 1987. Additionally, on 13 July 1987, the ALARNG published Orders 133-11 assigning him to Headquarters and Headquarters Company (HHC), 167th Support Command (COSCOM), Birmingham, AL, effective 3 July 1987 in duty MOS 42B. His basic branch is shown as Infantry. 11. His record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 20 October 1987, showing he completed the Adjutant General Officer Basic Course from 20 July to 20 October 1987. 12. His record contains two officer evaluation reports (OER) for the rating periods "870703-880702" and "880703-890702" that reflect his designated specialty as 42XX and his duty MOS as 42B, while assigned to HHC, 167th COSCOM. 13. His records also contain an OER for the rating period "890703-900702" that reflects his designated specialty as 42 and his duty MOS as 91B with a principal duty title of Supply Platoon Leader while assigned to the 715th Maintenance Company, ALARNG, Birmingham, AL. 14. On 12 March 1990, the NGB published Special Orders Number 48 AR promoting him to first lieutenant (1LT) in the ALARNG, effective 5 December 1989, in the Adjutant General Corps. 15. On 2 September 1990, the ALARNG published Orders 1-1 ordering him to active duty, as a member of the 715th Maintenance Company, in support of Operation Desert Storm, effective 12 September 1990. 16. His record contains an OER for the rating period "900703-910607" that reflects his designated specialty as 42 and his duty MOS as 91B and principal duty title as Supply Platoon Leader while assigned to the 715th Maintenance Company. His OER describes his supply duties in support of Operations Desert Shield/Storm. 17. He was honorably released from active duty on 12 July 1991. His DD Form 214 for this period of service shows in: a. Item 11 (Primary Specialty (List number, title and years and months in specialty; list additional specialty number and titles involving periods of one or more years)) shows the entry "42B Personnel Systems Management Officer, 4 years. b. Item 12f (Record of Service – Foreign Service) shows he served for 7 months and 13 days. c. Item 18 (Remarks), in part, shows the entries "Ordered to active duty in support of Operation Desert Shield/Storm in accordance with 10 USC 673B"; "Service in Southwest Asia 901026-910608" and "Service in Kuwait 910320-910326"; and "Individual completed period for which ordered to active duty for purpose of post-service benefits and entitlements." 18. Following his release from active duty, he attended and completed the Adjutant General Officer Advanced Course from 28 July to 9 August 1991. Additionally, on 29 September 1992, the NGB published Special Orders Number 117 AR promoting him to captain in the ALARNG, effective 10 August 1992, in the Adjutant General Corps. 19. On 14 January 2000, he was informed by memorandum that he was eligible for promotion to major as a Reserve commissioned officer not on active duty. The U.S. Total Army Personnel Command memorandum indicated if he accepted the promotion and Federal recognition was not extended, he would be transferred to the U.S. Army Reserve and then promoted. 20. He was honorably separated from the ALARNG on 16 April 2000 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His NGB Form 22 for this period of service shows his MOS as 42B. 21. On 7 April 2005, he was transferred to The Retired Reserve and on 20 January 2015, he was placed on the retired list in his retired grade of major. 22. He provides: a. a diploma, dated 22 November 1985, showing completion of the Infantry Officer Basic Course; b. Combat Exposure Scale Scoring Sheet, reflecting his answers in relation to his exposure to combat; and c. photographs of Soldiers in desert fatigues. 23. The applicant's name appears on the Gulf Roster as having received hostile fire pay/imminent danger pay during the period 26 October 1990 to 8 June 1991, a period of 7 months and 13 days. REFERENCES: Army Regulation 635-5 (Separation Documents) provided detailed instructions for completing separation documents, including the DD Form 214. a. The version of the regulation in effect at the time of his discharge provided that item 11 would list the primary MOS or area of concentration (AOC) (for officers) and all additional MOS/AOC served for a period of one year or more, during the Soldier's continuous active military service. For each MOS/AOC, list the title with the years and months served. For enlisted Soldiers, enter the first five characters of the primary MOS. For commissioned officers, enter the primary AOC consisting of two numerical digits and one letter, (for example, 31A). Additionally, item 12f (Foreign Service) would list the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period). b. A more recent version of this regulation stated item 11 is obtained from the Enlisted/Officer Record Brief and lists the titles of all MOS or AOC served for at least one year and includes for each MOS/AOC the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. For an enlisted Soldier, enter the five characters of the primary MOS code. For commissioned officers, also specify the AOC consisting of two numerical digits and one letter. Additionally, for Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession. (1) Ordered to active duty in support of (Operation Name) per 10, USC, (applicable section); (2) Service in country deployed from (inclusive dates for example, YYYYMMDD -YYYYMMDD); and (3) Soldier completed period for which ordered to active duty for purpose of post service benefits and entitlements. DISCUSSION: 1. With respect to his foreign service during the Gulf War, Soldiers deployed to Southwest Asia, which included Kuwait, Saudi Arabia, and other countries. a. The available evidence shows the applicant deployed to Southwest Asia from 26 October 1990 to 8 June 1991, a period of 7 months and 13 days. His DD Form 214 shows this foreign service in Item 12f. It also shows his deployment in item 18, albeit broken down to show a portion of his deployment was in Kuwait from 20 March to 26 March 1991. b. It is unclear why a portion of his deployment to Kuwait was listed separately as Kuwait is in Southwest Asia and the dates of deployment to Southwest Asia encompassed his total deployment including his service in Kuwait. c. His dates of deployment and redeployment are consistent with dates shown on the Gulf Roster and the OERs he has on file. There is no evidence he deployed earlier than 26 October 1990 or he redeployed later than 8 June 1991. 2. With respect to the military specialty: a. Although the applicant previously completed the Infantry Basic Officer Course in November 1985, following his reappointment in the ALARNG on 3 July 1987, he completed the Adjutant General Officer Basic Course from 20 July to 20 October 1987 and this became his primary specialty. He was also assigned to the 167th COSCOM in MOS 42B. He was further promoted to 1LT in this specialty and his OERs for the rating periods "870703-880702" and "880703-890702" clearly show his designated specialty as 42 and his duty MOS as 42B. b. In September 1990, the ALARNG published orders ordering him to active duty, as a member of the 715th Maintenance Company, in support of Operation Desert Storm, effective 12 September 1990. His OER for the rating period "900703-910607" reflects his designated specialty as 42 and his duty MOS as 91B (Supply Platoon Leader) while assigned to the 715th Maintenance Company. c. There is no evidence in his records to support his contention that he performed in an infantry specialty during his call to active duty from 12 September 1990 to 12 July 1991. His OER describes his supply duties in support of Operations Desert Shield/Storm. Likewise, there is no evidence to support his contention that his commander changed his orders to show the Infantry branch during this period of mobilization. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002537 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2