IN THE CASE OF: BOARD DATE: 4 January 2019 DOCKET NUMBER: AR20170009126 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 4 January 2019 DOCKET NUMBER: AR20170009126 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * two deployments to Saudi Arabia * campaign ribbons earned while deployed 2. The applicant states he was assigned to a unit at Fort Polk, LA; while there, he deployed twice to Saudi Arabia. He has a claim with the Department of Veterans Affairs (VA), which, in effect, requires him to prove he was deployed; his DD Form 214 does not show he was in Saudi Arabia. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents): * DD Form 214, ending 19 January 1995 * DA Form 4187 (Personnel Action), dated 14 April 1994 * Three VA Forms * 93 pages of civilian medical records 2. Evidence from the applicant’s service record, and Department of the Army (DA) and Department of Defense (DOD) records and systems: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 10 January 1992 * DA Form 2A (Personnel Qualification Record – Part I) * DA Form 2-1 (Personnel Qualification Record – Part II) * Separation packet, to include the commander's notification memorandum, dated 19 December 1994; applicant's elections, dated 21 December 1994; and separation authority action memorandum, dated 3 January 1995 * 5th Personnel Service Company Orders Number 4-2, dated 6 January 1995 * Extract from the Gulf War/Operations Desert Shield/Desert Storm Data Base Roster compiled by Defense Manpower Data Center (August 1990 to December 1997) * Defense Finance and Accounting Service (DFAS) email, dated 7 December 2018 REFERENCES: 1. Title 10 (Armed Forces), U.S. Code, section 1552(b) (Correction of Military Records: Claims Incident Thereto), 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 (AR) 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214. It states: a. Item 12f will list the total amount of service performed outside the continental United States during the period of the report. b. In regard to item 18, Soldiers who deployed with their unit during their continuous period of active service should have the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)" entered. 3. AR 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with the Southwest Asia Service Medal for participation in each credited campaign. Approved campaigns include: Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992, and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991. c. The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. d. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. (1) 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. (2) According to the Awards Branch at U.S. Army Human Resources Command (HRC), Soldiers who serve 11 cumulative months in a 24-month period or 9 continuous months in a temporary duty/temporary change of station status get credit for a completed short tour. 4. The Defense Manpower Data Center (DMDC) compiled a roster of Soldiers who deployed to Southwest Asia due to Operations Desert Shield/Desert Storm. This database, and the records maintained by DFAS, are considered primary sources for deployment dates during Operations Desert Shield/Desert Storm. DFAS records typically show an initial deployment location; DFAS may not reflect other locations, within the Theater of Operation, to which a Soldier may have moved during the course of the deployment. Because DFAS pay records form the basis for deployment dates, they are generally deemed as most reflective of actual dates of deployment. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence (i.e. the weight of the evidence presented is greater than 50-50; by contrast, criminal cases require a higher level of proof that is beyond a reasonable doubt, often interpreted to mean a more than a 95 to 99 percent chance of being correct). 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 enlisted in the Regular Army on 12 March 1992. On or about 20 August 1992, he was assigned to Fort Polk. 3. His official military personnel file (OMPF) includes a DA Form 2-1; item 5 (Overseas Service) is blank and item 9 (Awards, Decoration, and Campaigns) does not show any awards for service in Southwest Asia. His OMPF contains a DA Form 4187 reflecting his promotion to specialist, effective 12 May 1994. The "From" address on the form indicates the applicant's unit was located at a deployed location (Dhahran, Saudi Arabia). 4. On 19 December 1994, the applicant's commander notified him of his intent to separate the applicant for failing to meet weight control standards. The applicant consulted legal counsel on 21 December 1994. The separation authority approved the commander's recommendation for separation and directed the applicant's honorable release from active duty. All documentation indicates the applicant was at Fort Polk throughout the separation process. 5. He was honorably released from active duty on 19 January 1995. His DD Form 214 shows he completed 2 years, 10 months, and 8 days of net active service. He was separated at Fort Polk. * Item 12f (Foreign Service) – "0000/00/00" * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – Army Lapel Button, National Defense Service Medal, and Army Service Ribbon * Item 18 (Remarks) – no entries indicating service in Southwest Asia 6. A review of the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center (DMDC) revealed three entries reflecting the applicant's deployment to the Gulf region, respectively from 1 February to 31 December 1993 (11 months); 1 January to 31 December 1994 (12 months); and 1 to 20 January 1995 (20 days). 7. DFAS email, dated 7 December 2018, indicates that, according to DFAS pay records, the applicant was deployed to Kuwait from 1 December 1993 to 30 April 1994 (5 months), and again from 1 October to 31 December 1994 (3 months). 8. The evidence of record supports the applicant's contention he was deployed to Southwest Asia during Operations Desert Shield/Desert Storm; the dates in the DMDC database, however, are not consistent with the applicant's DFAS pay records. * The DMDC database indicates one continuous deployment from February 1993 through 20 January 1995 (1 year, 11 months, and 20 days) * DFAS records reflect two separate deployments (consistent with the applicant's claims); in addition, the dates deployed differ from the DMDC database (DFAS shows 1 December 1993 to 30 April 1994, and again from 1 October to 31 December 1994) * applying the dates of deployment from DFAS, the applicant deployed twice for 5 months and 3 months respectively 8. His service in Southwest Asia qualifies him for additional awards not currently reflected on his DD Form 214: Southwest Asia Service Medal with one bronze service star and the Overseas Service Ribbon. BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for 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, ending 19 January 1995, as follows: a. delete the current entry in item 12f and add "0000/8/00." b. add the Southwest Asia Service Medal with one bronze service star. c. add to item 18, "SERVICE IN SOUTHWEST ASIA FROM 19931201- 19940430 and 19941001-19941231." 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170009126 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2