ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 10 September 2019 DOCKET NUMBER: AR20170015579 APPLICANT REQUESTS: a reconsideration of previous ABCMR decision concerning the addition of his foreign service for Operation Desert Storm to his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, period ending 29 January 1992 * self-authored statement * JUMPS – Army Leave and Earnings Statement (LES), period covered 1-31 March 1991 * JUMPS – Army LES, period covered 1-30 April 1991 * JUMPS – Army LES, period covered 1-31 May 1991 * Corrected Copy of Orders 031-403, dated 31 January 1991 * U.S. Army Reserve Personnel Center Memorandum, dated 23 March 1995 * ABCMR Docket Number AR20140001032, dated 23 September 2014 * Two DA Form 2823s (Sworn Statement), dated 2 June 2017, from first sergeant (1SG) (retired (RET) D_ Q_ B__ and dated 21 June 2017, from sergeant major (SGM) (RET) Q__-C__ D____ H__ * U.S. Army Human Resources Command (HRC) Memorandum, dated 25 July 2017 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140001032 on 23 September 2014. 2. The applicant states his DD Form 214 is incorrect as it does not show any foreign service. He mentions his DD Form 214 was only supposed to be a temporary document until he received his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), which he states he never received. He states, in effect: a. He previously petitioned the Board to correct his DD Form 214 or issue a DD Form 215 (ABCMR Docket Number AR20140001032 on 23 September 2014), but his request was denied at that time. b. He was able to locate other Soldiers whom he served with in support of Operation Desert Storm and was able to obtain sworn statements from them to verify his participation. c. He also located his pay records from that timeframe, which indicates he received Overseas Pay/Hazard Duty Pay. He also received a copy of the original orders from the deployment. d. He references COL A____e M______n, a family friend, who is able to verify his foreign service if needed. He’s also received support from his local congressman’s office, which he states petitioned HRC. 3. The applicant provides: a. A copy of his DD Form 214, showing he was discharged honorably from active service on 29 January 1992, after completing 1 year, 3 months, and 6 days of active service. His DD Form 214 also shows in: (1) Item 12f (Foreign Service), does not show any foreign service. (2) Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized Army Service Ribbon and National Defense Service Medal. (3) Item 18 (Remarks) shows the following: “Separated from service on temporary records and Soldier’s affidavit.”//DD Form 215 will be issued to provide missing information//Nothing follows”. b. A self-authored statement where he states, in effect, (1) He enlisted in the Regular Army in October 24, 1990, and served in the military occupational specialty (MOS) 13B (Field Artilleryman) at Fort Sill, OK and in support of Operation Desert Storm. After experiencing the horrors of war as a combat Soldier, he states he was separated early and received an honorable discharge. As noted on the DD Form 214 he received, it was supposed to serve as a temporary document until he was issued a DD Form 215 that would show his overseas service and award. He states he never received that document. (2) He shares, although he has the mental and physical injuries to show for it; he’s not had much success until recently to prove that he was in Desert Storm. He states he still finds himself hunted by the nightmares of the war and the injuries that he suffered while there. He admits he initially had little to no records, but was placed in a very unconventional situation. In 1991, he was very young and new to the Army. Upon graduation from Advanced Individual Training, he was given orders to report to Fort Benning, GA for processing and training; he was being deployed to Operation Desert Storm. He headed on a plane from Fort Sill, OK to Fort Benning; GA. From there he was deployed to Saudi Arabia. (3) Once he arrived in Dhahran, Saudi Arabia, he and other unit members were in a direct combat zone. He states he was initially assigned with a unit from Fort Hood, then shortly after, he was assigned to the 101st Airborne Field Artillery. When returning back, he shares he had such a strain on his mind and was trying to make sense of it all. After talking with his 1SG at the time from the 101st, the applicant was under the impression that he was supposed to report back to Fort Benning and be deployed back to Saudi Arabia to be the 1SG’s driver. (4) He states he went on leave and upon his return back to duty, he received orders to report back to Fort Sill, OK. He states this timeframe was confusing and when he reported back to Fort Sill, OK he continued to have issues. (5) Until recently, he lost all hope of ever trying to set the record straight. For years he has constantly tried to make claims to the Department of Veterans Affairs (VA) and update his records through the ABCMR. As late as 26 September 2014, the ABCMR denied his application to show his foreign service on his DD Form 214. The Board stated as matters of evidence, there was no evidence that he was deployed to Operation Desert Storm. The Board also stated that the Defense Finance and Accounting Service had no record that he received Hostile Fire/Imminent Danger Pay during that period. He states that information was not correct. (6) On 2 June, 2017, he requested Leave and Earning Statements (LES) for January-December 1991. On 15 June 2017, he received those records. The February LES shows he entered Saudi Arabia on 1 February 1991. In the preceding months, you will see that he continued his Temporary Duty Status (TDY) and received Danger Pay and Overseas Pay, including reimbursements through April 1991. His April LES shows a stop in overseas pay coincided with the day that he departed from Saudi Arabia. (7) He references two attached sworn statements from retired, Army senior non- commissioned officers, who also participated in Operation Desert Storm and saw him there. c. LES, period covered 1 – 31 March 1991, showing the applicant’s name and Social Security Number (SSN). * Item 6 (Entitlements), contains, in part, two payment amounts each for Overseas Pay and Danger Pay * Item 37 (Remarks), contains entries for “DIFF PAY FOR OVERSEAPAY FEB 91” “DIFF PAY FOR DANGERPAY FEB 91”, “910201 ABS TDY AUTH DANGERPAY”, and “910215 ABS TDY AUTH OVERSEAPAY” d. LES period covered 1 – 30 April 1991, showing the applicant’s name and SSN. * Item 6 (Entitlements), contains, in part, two payment amounts each for Overseas Pay and Danger Pay * Item 37 (Remarks), contains entries for “DIFF PAY FOR DANGERPAY FEB 91” “DIFF PAY FOR DANGERPAY MAR 91”, “910301 ABS TDY CONTINUED FROM PRIOR MONTH”, “910401 ABS TDY CONTINUED FROM PRIOR MONTH”, and “910410 STOP OVERSEAPAY” e. LES period covered 1 – 31 May 1991, showing the applicant’s name and SSN. * Item 6 (Entitlements), the applicant was no longer receiving payment amounts for Overseas Pay and Danger Pay * Item 37 (Remarks), contains pay data for duty back at Fort Sill, OK f. A Copy of Orders 031-403 (front page), issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, OK, containing a list Soldiers (by name, SSN, and rank), ordered to perform duties in a TDY status at Fort Benning, GA on or about 31 January 1991, for the purpose of deployment in support of Operation Desert Storm. The applicant’s name was not found on this order. g. A memorandum from the U.S. Army Reserve Personnel Center, informing the applicant their records did not indicate he had foreign service. Therefore their office stated the applicant’s DD Form 214 was correct as shown. h. A copy of ABCMR, Docket Number AR20140001032, detailing the Boards consideration of the applicant’s evidence, discussion and conclusions, and the Board’s decision to deny the applicant’s request. i. DA Form 2823s from 1SG (RET) D___ Q___ B___, and SGM (RET) Q__ - C__ D___ H____, stating they both attended initial entry training with the applicant on or around October 1990 at Fort Sill. Both former service members verified they served with the applicant and were ordered to participate in additional training at Fort Benning, on or around January 1991, prior to deploying to Saudi Arabia in support of Operation Desert Storm. j. A memorandum from the U.S. Army HRC addressed to Congressman G__ P____ on the applicant’s behalf regarding his request for a DD Form 215 to correct his DD Form 214, stating the requested correction could not be processed because ABCMR denied the applicant’s request for correction on 23 September 2014. HRC explained their command did not have the authority to overturn denials issued by the ABCMR. 4. A review of the applicant's service records shows the following: a. He enlisted in the Regular Army on 24 October 1990. b. His DA Form 2-1 (Personnel Qualification Record – Part II), block 35 (Record of Assignments), shows he was assigned to Headquarters and Headquarters Battery (HHB), 2nd Battalion, 18th Field Artillery, Fort, Sill, OK, on 13 May 1991. c. Orders 108-26, dated 18 April 1991, Issued by Headquarters, 101st Airborne Division Artillery Area Support Team, Fort Campbell, KY, assigned the applicant to HHB 2nd Battalion, 18th Field Artillery, Fort Sill, OK effective 13 May 1991. d. He was discharged honorably from active service on 29 January 1992. His DD Form 214 shows he completed 1 year, 3 months, and 6 days of active service. His DD Form 214 also shows in: * Item 12f (Foreign Service), does not show any foreign service. * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized Army Service Ribbon and National Defense Service Medal. * Item 18 (Remarks) shows the following: “Separated from service on temporary records and Soldier’s affidavit.”//DD Form 215 will be issued to provide missing information//Nothing follows”. e. The applicant’s record is void of documentation showing that he was ordered to Fort Benning, GA for training and later served overseas in support of Operation Desert Storm on or about 1991. 5. The Board determined in ABCMR Docket Number AR20140001032: a. There was no evidence in the applicant’s service record showing that he was deployed during Operation Desert Shield/Desert Storm and his name did not appear on the Gulf War Roster. The Department of Defense Finance and Accounting Service had no record that the applicant received Hostile Fire/Imminent Danger Pay (HF/IDP). b. The applicant had not submitted probative evidence nor a convincing argument in support of his request. The evidence presented did not demonstrate the existence of a probable error or injustice. Therefore, the Board denied the applicant’s request because the overall merits of the case was insufficient as a basis for correction of the applicant’s record. 6. By regulation (Army Regulation (AR) 635-8 (Separation Processing and Documents)), item 12f of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service, the entry “Service in (Name of County Deployed from (inclusive dates)” is entered in Item 18 of the application’s DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. The Board determined there is evidence the applicant served in the Middle East during Operation Desert Storm; however, his exact dates of departure and return are undetermined. Based on the two applicant LES’s and the statement from the 1SG, who states he arrived in country with him, the Board determined the applicant served from 1 February 1991 to 10 April 1991. Board members voted to change his foreign service, deployment, and associated awards based upon that service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X :X :X: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20140001032, dated 23 September 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected” * Item 12f (Foreign Service), add 2 months and 10 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), add the Southwest Asia Service Medal * Block 18 (Remarks) add Service in Southwest Asia 1 February 1991 to 10 April 1991 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: Army Regulation 635-8, item 12f of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” is entered in Item 18 of the application’s DD Form 214. ABCMR Record of Proceedings (cont) AR20170015579 2 1