ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20170007829 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) reflect his correct basic entry date, his deployment credit, training, and war medals. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 20 Photographs 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 (ABCMR) 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, in effect, his current DD Form 214 does not reflect his deployment to the Gulf War, his coalition training, and the ribbons and medals associated with his deployment. In addition, he states his entry date should be 23 July 1990. 3. The applicant provides 20 photographs, which he states “shows his service in Kuwait.” 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 31 January 1991. b. His DD Form 214 reflects he was released from active duty and transferred to the Army Reserve on 30 January 1994, under the provisions of Army Regulation 635- 200 (Active Duty Enlisted Administrative Separations), chapter 4, completion of required active service, with his service characterized as honorable. His DD Form 214 also shows he was awarded or authorized the: * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon 5. AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). 6. AR 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found partial relief was warranted. The applicant’s contentions were carefully considered. His DD Form 4 shows he entered the delayed entry program (DEP) on 11 January 1991, and enlisted in the Regular Army on 31 January 1991. His DD Form 214 shows the correct date he entered active duty; however, his prior inactive service for the DEP is shown in the remarks, but not in item 12 (Record of Service). The Defense Manpower Data Center database shows he served in Kuwait from 1 October 1993 to 31 December 1993. However, the deployment and authorized award is not listed on his DD Form 214. However, there is insufficient evidence showing he entered active duty on 23 July 1990, nor that he coalition training or received a coalition ribbon during his period of service. He is not authorized the Overseas Service Ribbon as his deployment was not 270 days or greater. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 the period ending 30 January 1994 by: a. item 12e – add the entry “00 00 21” b. item 12f – add the entry “00 03 00”; and c. item 13 – adding the Southwest Asia Medal with one bronze service star; and d. item 18 – add the entry “SERVICE IN KUWAIT 19931001 – 19911231” 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 changing the date he entered active duty and adding additional awards. 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. 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 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. AR 635-5 prescribes the separation documents that will be furnished each individual who is separated from the Army. a. Paragraph 2-4h(12)(f) (Foreign Service), states “from the ERB/ORB, enter the total amount of foreign service completed during the period covered in block 12c.” b. Paragraph 2-4h (18)4(f) (Remarks), states “for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement.” 3. AR 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The goal of the total Army awards program is to foster mission accomplishment by recognizing excellence of both military and civilian members of the force and motivating them to high levels of performance and service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007829 3 1