BOARD DATE: 4 April 2019 DOCKET NUMBER: AR20160012366 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. 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: 4 April 2019 DOCKET NUMBER: AR20160012366 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 4 April 2019 DOCKET NUMBER: AR20160012366 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests an update on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Meritorious Unit Commendation (MUC) and an Overseas Service Ribbon (OSR). 2. The applicant states: * the Army OSR has been retroactively authorized for issuance for overseas' service that already have a campaign medal and/or ribbon * he has one year foreign service listed on his DD Form 214; however, the DD Form 214 does not list the issuance of the overseas service bar * he never received an updated DD Form 214 or DD Form 215 (Correction to DD Form 214) listing the issuance of the Army MUC * his present DD Form 214 does not list the issuance of the OSR * two bars are authorized, his overseas service was in a combat zone THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * DD Form 214, for period ending 4 December 1992 * DD Form 215, dated 5 April 2006 and 16 September 2008 * letter, former platoon leader, undated * Record of Proceedings, Army Board for Correction of Military Records (ABCMR), board date 30 August 2011 * Internet article titled "Army Study Guide" 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DA Form 2-1 (Personnel Qualification Record – Part II) * DD Form 214, issued 20111120 REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) provides that the OSR is awarded to members of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all members of the active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981. Soldier must be credited with a normal overseas tour completion in accordance with Army Regulation 614-30 (Overseas Service). 3. Army Regulation 614-30 prescribes policies to overseas permanent change of station moves, overseas tour lengths, overseas curtailments, time-on-station, eligibility for overseas service criteria, voluntary and involuntary overseas tour extensions, the Overseas Tour Extension Incentive Program, and consecutive overseas tours. Table 3-2 states a Soldier is credited with short-tour credit for serving: a. minimum of 11 continuous months in a temporary change of station (TCS)/temporary duty (TDY) status during any 24-month period in areas where the unaccompanied tour length is designated as 12 to 18 months, or in isolated areas where tour lengths have not been established by the Department of Defense or b. 9 months in a continuous TCS/TDY status in areas where the "all others" tour length is up to 18 months, or in isolated areas where tour lengths have not been established. 4. The Defense Manpower Data Center compiled a Desert Shield/Desert Storm Database that contains one record for each active duty member who served in theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993. DISCUSSION: 1. While 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 states he did not receive an updated DD Form 214 showing his MUC. A copy of his reissued DD Form 214 will be provided and this issue will not be addressed further in this record of proceedings. 3. The applicant enlisted in the Regular Army on 14 August 1990. 4. He was awarded a Certificate of Training for his outstanding performance during the 39th Engineer Battalion deployment to the National Training Center, from 24 November 1991 to 18 December 1991. 5. The Desert Shield/Desert Storm Database shows he served in the Persian Gulf from 25 January 1991 to 21 April 1991. 6. He provided a letter from his previous platoon leader, R___ D___, who states the applicant volunteered for Operations Desert Shield and Storm and was assigned to the 299th Engineer Battalion from January 1991 through April 1991. 7. On 14 February 1992, he was awarded a Certificate of Achievement for meritorious achievement while training at the National Training Center. 8. He was awarded the Army Achievement Medal for meritorious service as a combat engineer with the 39th Engineer Battalion from 22 April 1988 through 1 August 1992. However, his previous platoon leader, R___ D___, states the Army Achievement Medal should be for periods of December 1990 through January 1991 and April 1991 through April 1992. 9. He was awarded the Good Conduct Medal for exemplary behavior, efficiency, and fidelity from 14 August 1990 to 4 December 1992. 10. He was honorably released from active duty on 4 December 1992. 11. His second reissued DD Form 214 shows: a. item 12f (Foreign Service): 0001 year, 02 months, and 22 days b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * Southwest Asia Service Medal with two Bronze Service Stars * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Kuwait * Army Achievement Medal * Army Good Conduct Medal * Meritorious Unit Commendation c. item 18 (Remarks): Service in Southwest Asia 910201-010422 (in error) 12. His Personnel Qualification Record, last reviewed by the applicant on 23 January 1994, shows no overseas service. 13. His DD Form 214 erroneously shows he completed 1 year, 2 months, and 22 days of foreign service. Additionally, his DD Form 214 erroneously shows his Southwest Asia time as 1 February 1991 to 22 April 2001. These are administrative errors, he completed 2 months and 28 days of foreign service and his Southwest Asia time should be shown as 25 January 1991 to 21 April 1991. The OSR requires 9 months in a continuous TCS/TDY status in areas where the "all others" tour length is up to 18 months, or in isolated areas where tour lengths have not been established. 14. He states he is authorized two overseas bars; however, his service record shows he was awarded the Southwest Asia Service Medal for his overseas service in support of Operation Desert Storm/Storm. Additionally, the overseas service bar is an item of clothing that is not recorded on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012366 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2