BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160014781 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: 6 June 2018 DOCKET NUMBER: AR20160014781 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: 6 June 2018 DOCKET NUMBER: AR20160014781 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) for the period 7 December 1990 to 4 May 1991, to show all earned awards and decorations. 2. The applicant states his DD Form 214 does not reflect the Southwest Asia Service Medal, Army Commendation Medal (ARCOM) and Army Achievement Medal (AAM). 3. The applicant provides a copy of his DD Form 214. 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 appointed as a second lieutenant in the Army National Guard on 5 November 1988. 3. The applicant entered active duty for training on 25 March 1990. He was honorably released from active duty training on 19 July 1990. The DD Form 214 he was issued shows he was awarded or authorized the: * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * First Class Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Hand Grenade Bar 4. The applicant's records contain a DA Form 67-8 (Officer Evaluation Report (OER)) for the period 7 December 1990 to 22 April 1991, which contains no evidence of foreign service. 5. Evidence shows he entered active duty on 7 December 1990 and he was honorably released from active duty on 4 May 1991. Item 12f (Foreign Service) of the DD Form 214 he was issued does not list any foreign service. Item 18 (Remarks) states he was ordered to active duty in support of Operation Desert Shield/Desert Storm. The form shows he was awarded or authorized the National Defense Service Medal and the Army Service Ribbon. 6. His records contain National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that shows he was honorably discharged from the Texas Army National Guard on 1 January 2005. The form shows he was awarded or authorized the Army Service Ribbon, National Defense Service Medal, AAM and ARCOM. 7. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. The Desert Shield/Storm Data Base does not show the applicant served in Southwest Asia. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. Do not use abbreviations. c. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).” DISCUSSION: 1. The applicant did not provide and his official military personnel file does not contain any evidence he served in Southwest Asia. Item 12f of the DD Form 214 he provided does not list any foreign service, his OER for the period does not mention foreign service, and he is not listed in the Desert Shield/Storm Data Base showing he served in Southwest Asia. 3. Despite his NGB Form 22 showing he was awarded the AAM and ARCOM, there is no evidence which shows he received the awards during the period of the DD Form 214 (7 December 1990 to 4 May 1991), as he requests. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014781 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014781 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2