ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 March 2019 DOCKET NUMBER: AR20160014275 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect: * foreign service in Saudi Arabia * award of the Overseas Service Ribbon * award of the Purple Heart * permanent disability retirement APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * two self-authored letters * Battle Roster Report, partially illegible * memorandum regarding wartime service, dated 17 June 1991 * Saudi Arabia service roster * five newspaper articles * DD Form 214 * Certificate of Retirement FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He served twice in Saudi Arabia. The approximate dates of his first period of service were October 1990 through 26 November 1990. In October 1990, his entire battalion went sent to Saudi Arabia. He became very ill with diarrhea, high fever, nausea, and vomiting upon arrival in Saudi Arabia and on Thanksgiving Day was sent back to the U.S. due to his illness. He was told he was having a bad reaction to the a. gamma globulin shot (given to boost a patient’s immunity against disease) he was given prior to deployment. b. In February 1991, he was scheduled to fly back to join his unit in Saudi Arabia. He is unaware of why, but he was put on a different flight with a Special Forces unit one day before his scheduled flight on 24 February 1991. Approximately 1 hour after landing in Dhahran, Saudi Arabia, they were hit by a scud missile and he was in the barracks that was hit. Unfortunately, he only has spurts of memory after that and flashbacks of things. c. He remembers putting his things in a locker in the barracks and hearing the air raid sirens go off. He remembers that he and another Soldier being crouched down side by side. They had Saddam Hussein in their sights and they were told to stand down. He remembers being under a city in tunnels or trenches, however he is not sure what city they were under. Then he remembers being back at Fort Bragg, NC, assigned to a funeral detail. It is the belief of Senator Cantwell’s office that his military records were sealed due to the Special Forces flight he was put on, as he was not with his regular unit at the time of the attack. d. He has scars on his right thigh and knee, which he was told were from surgery to remove shrapnel. After returning back to the U.S. on an unknown date, and for reasons unknown to him, the Army began the process of medically discharging him. This process took several years. In 1993 he was placed on the Temporary Disability Retired List (TDRL) until 1998 when he was permanently medically retired from the Army. He wishes he could remember more of what happened to him during his time in Saudi Arabia, but these are the only memories he has. e. In late March 2016, his Aunt Ora in Soda Springs, ID, sent him some news articles about him being in a scud missile attack in Dhahran, Saudi Arabia. The articles were sent to his Aunt Ora from his mother at the time of their publishing. His Aunt Ora recalls his mother telling her that he had been missing after the scud missile attack, but was found in a hospital. He also asked his sister if she recalled anything and she recalls his mother telling her what happened to him. She also recalled his mother receiving a telegram from the Department of Defense saying he had been missing in action from the scud missile attack, that he was found and was being sent stateside in a couple of weeks, and that he would be receiving a Purple Heart. Sadly, his mother passed away 4 years ago, so he is not able to personally ask her. 3. The applicant enlisted in the Regular Army on 29 December 1986. 4. His DA Form 2-1 (Personnel Qualification Record – Part II), shows he was assigned to Headquarters and Headquarters Company 20th Engineer Brigade, Fort Bragg, NC, from 26 February 1990 through 20 April 1992. 1. 5. He provided a Battle Roster Report, which is partially illegible. It is clear his name, rank, and military occupational specialty are listed on the document and that he was present for duty, but the date is illegible and it is otherwise unclear what information the document purports to convey. 6. A Headquarters, 27th Engineer Battalion (Combat) (Airborne), Fort Bragg, NC, memorandum, dated 17 June 1991, states the Soldiers at enclosure 1 served with the 27th Engineer Battalion (Combat) (Airborne), 20th Engineer Brigade (Combat) (Airborne), under the command and control of U.S. Army Central Command for participation in Operation Desert Storm in Southwest Asia and were authorized wear of the shoulder sleeve insignia for wartime service. 7. An included roster, that appears to be above-referenced enclosure 1, shows the applicant arrived in Saudi Arabia on 19 September 1990 and departed Saudi Arabia on 20 January 1991, serving a total of 4 months overseas, but not in the combat zone. 8. There is no evidence in his military records he returned to Saudi Arabia in February 1991, as he claims or that he ever sustained a wound in action against an enemy or as a result of hostile action, to include a scud missile attack, or that such an injury required medical treatment which was made a matter of official record. 9. An Army Achievement Medal Certificate, dated 14 March 1991, shows the applicant was awarded the Army Achievement Medal for meritorious achievement from 28 February 1991 through 17 March 1991, while assigned to Headquarters and Headquarters Company, 20th Engineer Brigade (Rear) (Provisional) as a member of a burial detail performing funeral honors. 10. A DA From 3349 (Physical Profile), dated 27 May 1992, shows he was given a permanent physical profile rating of 3 for retrovirus infection and his assignments were restricted to the contiguous U.S. 11. A medical examination, dated 17 September 1992, is documented in a Narrative Summary prepared for the applicant’s Medical Evaluation Board (MEB) due to a positive diagnosis of Human Immunodeficiency Virus (HIV). Of note, the very thorough past history and review of systems makes no reference to surgery or other treatment for shrapnel wounds post deployment in 1991 or at any other time. 12. A DA Form 3947 (MEB Proceedings), dated 4 December 1992, shows: * an MEB convened on 4 December 1992 * the applicant was diagnosed with HIV infection in November 1990 * he was referred to a Physical Evaluation Board (PEB) * he indicated he did not desire to continue on active duty * he agreed with the Board’s findings and recommendation * * he was restricted to assignment in the contiguous U.S. 13. A DA Form 199 (PEB Proceedings) dated 16 December 1992, shows: * a PEB convened on 16 December 1992 * the Board found the applicant physically fit and he was returned to duty * on 23 December 1992, the applicant did not concur with the Board’s findings and requested a formal hearing with personal appearance and a regularly appointed counsel to represent him 14. A DA Form 199, dated 26 January 1993, shows: * a PEB convened on the date of the form for informal reconsideration of the applicant’s HIV infection disability * the Board determined the applicant’s functional limitations in maintaining stamina, caused by the physical impairments recorded made him unfit to perform the duties required of his rank and military occupational specialty * his recommended disability rating was 30% * it was recommended he be placed on the TDRL with reexamination in January 1994 * on 27 January 1993, he concurred with the recommendations and waived a formal hearing of his case 15. U.S. Total Army Personnel Command Orders D29-20, dated 16 February 1993, placed him on the TDRL effective 9 March 1993 with a 30% disability rating. 16. His DD Form 214 shows: * he was retired due to temporary physical disability under the authority of Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation) * he completed 6 years 2 months, and 6 days of net active service * item 12f (Foreign Service) shows 00 00 00 * he was not awarded the Purple Heart or the Overseas Service Ribbon * his service in Saudi Arabia is not annotated in item 18 (Remarks) 17. Records indicate that subsequent PEBs in 1994 and 1996 affirmed the applicant’s retention on the TDRL. 18. A DA Form 199, dated 23 February 1998, shows: * a final PEB was convened on the date of the form * the Board found the applicant physical unfit due to HIV infection * * the Board recommended his disposition be changed to permanent disability retirement with a combined rating of 30% * on 3 March 1998, the applicant did not concur and demanded a formal hearing with personal appearance and representation by a regularly appointed counsel 19. On 11 March 1998, the applicant agreed with the resulted of his informal PEB and waived his formal PEB hearing scheduled to convene on 12 March 1998. 20. U.S. Total Army Personnel Command Orders D57-21, dated 25 March 1998, removed him from the TDRL because of permanent physical disability and permanently retired him effective 25 March 1998, with a disability rating of 30%. 21. The applicant provided numerous newspaper articles of unknown source that recount the applicant’s survival of a scud missile attack when his barracks in Dhahran were hit shortly after his arrival in country and he was initially reported missing. The accounts detail he was burned from the waist up, flown to a Navy medical ship for treatment of his burns and removal of shrapnel, and lost his memory as a result of the shock and trauma. Once recovered sufficiently on the Navy ship, he was to be transported to Germany then back stateside, where he would be awarded the Purple Heart. 22. On 26 July 2018, the Army Review Boards Agency (ARBA) senior medical advisor provided an advisory opinion. The medical advisor found no available evidence in the applicant’s military service or medical records reflecting his injury in a scud missile attack or supporting his eligibility for award of the Purple Heart. A copy of the complete medical advisory opinion has been provided to the Board for their review and consideration. 23. A copy of the advisory opinion was provided to the applicant on 31 July 2018 and he was given an opportunity to submit comments, but he did not respond. 24. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions state: a. enter the total amount of foreign service completed during the period covered in item 12f b. for an active duty Soldier deployed with his or her unit during their continuous period of active duty, enter the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 c. a DD Form 214 will not be prepared for Soldiers removed from the TDRL a. 25. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. b. The Overseas Service Ribbon is was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. 26. Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. a. Soldiers will be placed on the TDRL when they would be qualified for permanent disability retirement and the preponderance of evidence indicates one or more conditions will change within the next 5 years so as to result in a change in rating or a finding of fit. The Army Disability Evaluation System will re-evaluate each Soldier placed on the TDRL at least once every 18 months. b. A final determination of the case of each Soldier on the TDRL will be made at the latest upon the expiration of 5 years after the date when the Soldier was placed on the TDRL. If, at the time of that determination the physical disability for which the Soldier was placed on the TDRL still exists, it will be considered to be permanent and stable. c. If upon reexamination, Soldiers who are not determined fit for duty and meeting medical retention standards for the conditions for which they were placed on the TDRL will be removed from the TDRL and placed on the Permanent Disability Retired List (PDRL). BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, service and medical records, and the medical advisory opinion were carefully considered. Based upon the preponderance of evidence, inconsistencies, and failures to show regulatory guidance was met, the Board agreed the self-authored statement and supporting evidence does not substantiate a recommendation for any of the relief requested. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. ADMINISTRATIVE NOTE(S): Military service records corroborate the applicant deployed to Saudi Arabia from 19 September 1990 through 20 January 1991, a period of 4 months, and his DD Form 214 should reflect the following: * Item 12f, 00 04 00 * Item13, Overseas Service Ribbon * Item 18, SERVICE IN SAUDI ARABIA FROM 19900919 - 19910120 * REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions state: a. enter the total amount of foreign service completed during the period covered in item 12f b. for an active duty Soldier deployed with his or her unit during their continuous period of active duty, enter the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 c. a DD Form 214 will not be prepared for Soldiers removed from the TDRL 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. b. The Overseas Service Ribbon is was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 4. Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new 1. DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier. 5. Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. a. Disability compensation is not an entitlement acquired by reason of service- incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in military service. The percentage assigned to a medical defect or condition is the disability rating. A rating is not assigned until the PEB determines the Soldier is physically unfit for duty. These ratings are assigned from the VA Schedule for Rating Disabilities (VASRD). b. Soldiers will be placed on the TDRL when they would be qualified for permanent disability retirement and the preponderance of evidence indicates one or more conditions will change within the next 5 years so as to result in a change in rating or a finding of fit. The Army Disability Evaluation System will re-evaluate each Soldier placed on the TDRL at least once every 18 months. Evaluation may be sooner. Once the PEB finds each condition is stable upon evaluation, the PEB will assign a final rating that includes the ratings for the disabilities determined to be permanent and stable when the Soldier was placed on the TDRL or during preceding TDRL adjudications. When the PEB rates the case, the ratings will be under the VASRD in effect at the time of the current TDRL adjudication. c. A final determination of the case of each Soldier on the TDRL will be made at the latest upon the expiration of 5 years after the date when the Soldier was placed on the TDRL. If, at the time of that determination the physical disability for which the Soldier was placed on the TDRL still exists, it will be considered to be permanent and stable. Placement on the TDRL confers no right to remain on the TDRL for the entire 5-year period. d. If upon reexamination, Soldiers who are not determined fit for duty and meeting medical retention standards for the conditions for which they were placed on the TDRL will be removed from the TDRL and placed on the Permanent Disability Retired List (PDRL). a. ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: Teichmiller, Jerry A. BOARD DATE: 4 February 2019 DOCKET NUMBER: AR20160008113 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. 2/4/2019 X SANDRA P. MURRAY CHAIRPERSON Signed by: MURRAY.SANDRA.P.1023189689 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. Enclosure 1