ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 August 2019 DOCKET NUMBER: AR20180010435 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Deployments in Desert Shield/Desert Storm * Campaign Badges/Medals (Southwest Asia Service Medal, Kuwait Liberation Medal, and Oak Leaf Clusters) * Unit Armorer School, Air Assault School and Maintenance Technician School APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate for Air Assault School * DA Form 3686 (Jumps-Army) Leave and Earnings Statement (LES), dated 1-31 December 1990 * DA Form 87 (Certificate of Training) - Maintenance Technician 24-hour Course and - Unit Armorer Course 80-hours * Medical Evaluation Board (MEB), 3 February 1992 * DD Form 214 * National Personnel Records Center (NPRC) Letter 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 he was assigned to 5th Battalion, 101st Aviation and was the crew-chief on Black Hawk Tail Number 22978. He deployed and staged at King Fahd International Airport for Desert Shield/Desert Storm. He has tried to locate battalion deployment orders as proof, but none were issued. He has included an LES to show that he was receiving flight pay (crew), oversea pay, and danger pay. The only way to receive danger pay and oversea pay in addition to flight pay is to be deployed in a combat theatre. He has also included copies of his Air Assault School, Maintenance Technician, and Unit Armorer School Diplomas. After returning from the Persian Gulf, he was assigned to the Medical Holding Company, at Fort Campbell, KY. He includes a copy of his official MEB which shows he was deployed to Saudi Arabia on the third paragraph. He was then processed to permanent change station home and discharged with a service connected disability. It has been difficult to get proof of deployment orders because they are non-existent. He has been able to secure copies of his medical record and diplomas from the schools/classes attended. 3. The applicant provides: a. Certificate of Training issued by the 101st Airborne Division Air Assault School which shows he completed the Air Assault School on 23 March 1990. b. December 1990 LES, which shows he received flight pay (crew), oversea pay, and danger pay on pay period 1-31 December 1990. c. DA Form 87, which shows he completed the Maintenance Technician Course on 25-27 February 1991 and DA Form 87, which shows he completed the Unit Armorer course on 18-29 March 1991. d. His Optional Form 275 (Medical Evaluation Board) documentation, dated 3 February 1992, shows he was evaluated for exercise induced asthma. He was being referred to the disability system at his own request. He highlights the portion that states he was assigned to Headquarters and Headquarters Company, 5th Battalion, 101st Aviation Regiment when the decision of a medical board was made and that he was deployed back from Saudi Arabia. e. Letter from the NPRC, dated 30 November 2017, which responded to the applicant’s request for separation/discharge papers that may be used to apply for benefits. 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 29 June 1989. He held military occupational specialty (MOS) 67T (Tactical Transport Helicopter Repairer). b. His DA Form 2-1 (Personnel Qualification Record) shows he completed training and was assigned to Headquarter and Headquarters Company (HHC), 5th Battalion, 101st Aviation Regiment on 16 January 1990. Item 9 (Awards, Decorations and Campaigns) is void of awards for Southwest Asia, Kuwait Liberation Medal, and Oak Leaf Clusters Item 35 (Current and Previous Assignments) of his service records is void of any orders of assignment to Southwest Asia or the Persian Gulf c. He completed the 2-week Air Assault Course on 23 March 1990. He also completed the 24-hour Maintenance Technician Course between 25 and 27 February 1991 and the 80-hour (2 weeks) Unit Armor Course from 18 to 29 March 1991. d. His MEB, dated 3 February 1992, shows he was evaluated at the Blanchfield Army Community Hospital while on Medical Hold status: * he entered active duty via the Delayed Entry Program on 30 March 1989 and he completed basic training from 28 June to 1 September 1989 * his issue started with symptoms of chest pain first noted in 1990 the symptoms worsen with exercise and he reported shortness of breath after running one mile * he also deployed back from Saudi Arabia secondary to continual symptoms * his physical evaluation revealed evidence of bronchial hyper responsiveness * despite, inhaled therapy the patient continued to exhibit chest symptoms with exercise and continued to fail all physical training tests * diagnosis was exercise induced asthma * the conclusion was that he was medically unfit under the provisions of AR 40-501, paragraph 3-27a (Standards of Medical Fitness) * recommendation was he should be presented to an MEB e. On 10 April 1992, an MEB convened and referred him to a Physical Evaluation Board (PEB). f. On 20 April 1992, a PEB convened and found his medical condition unfitting. The PEB rated the applicant's condition at 10 percent. The PEB determined his disposition should be separation with severance pay. He was counseled and concurred. g. His Orders number 59-1, dated 3 June 1992, show he was reassigned to the U.S. Army Transition Point for separation processing effective 4 June 1992. h. He was discharged honorably on 4 June 1992, in accordance with Army Regulation (AR) 635-40 (Personnel Separations - Physical Evaluation for Retention, Retirement or Separation). His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 years, 11 months, and 4 days of active service. It also shows in: * Block 12a (Date Entered Active Duty this Period) – 29 June 1989 * Block 12f (Foreign Service) - none * Block 13 (Decorations, Medals, Badges, Citations and Campaigns Ribbons) - Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), National Defense Service Medal, Aircraft Crewman Badge, and Army Good Conduct Medal * Block 14 (Military Education) – Tactical Transport Helicopter Repairer Course * Block 18 (Remarks) – No entry regarding deployments h. On 29 March 1994, the applicant requested documentation from the National Archives and Record Administration on Standard Form 180 (Request Pertaining to Military Records) to show that he was deployed to Saudi Arabia for the purpose of receiving a bonus on West Virginia taxes for veterans of Saudi Arabia. They did not have any record of deployment orders pertaining to his request. i The applicant received a letter from NPRC, dated 30 November 2017, which responded to the applicant’s request for separation/discharge papers that may be used to apply for benefits and it provided an NA Form 13038 (Certification of Military Service) sealed to attest authenticity. 5. By regulation (AR 600-8-22): a. The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace, to include the on or after 2 August 1990 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 1991 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. 6. By regulation (AR 635-5), chapter 2 contains guidance for preparation of the DD Form 214. It states: a. Item 12f (Foreign Service) – The preparer should enter the total active duty performed outside the continental United States during the period covered by the DD Form 214. b. Item 13 (Decorations, Medals, Badges Citations and Campaign Ribbons) the preparer should list all awards and decorations from the Soldier's records. c. Item 14 (Military Education) the preparer should list formal in-service full-time attendance training courses successfully completed including title, length in weeks and year completed during the period covered by the DD Form 214. d. Item 18 (Remarks) was used for entries required by Headquarters Department of the Army for which a separate item is not available on the form and for completing entries that are too long for their blocks. A later version of the regulation authorized an entry for Soldiers deploying to a hostile fire pay area/combat zone by entering the name of country and dates of deployment. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the Air Assault certificate provided by the applicant, the LES showing he was receiving Danger Pay, as well as the applicant being assigned to the 101st Airborne Division for an extended period of time, the Board concluded that there was sufficient evidence to show that the applicant did graduate Air Assault School and the course should be annotated on his DD Form 214. Additionally, based upon the provided unit Armor Course provided by the applicant, the Board concluded that course should be added to the applicant’s DD Form 214 as well. The Board found insufficient evidence provided or within the military service record to determine that the applicant served in Operation Desert Shield/Desert Storm or documents supporting a period of foreign service time. The Board found that all awards reflected he had been awarded were properly reflected on his DD Form 214. Therefore, the Board recommended denying that portion of the applicant’s request. 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding to Item 14: * Air Assault School, 2 Weeks (Mar 90) * Unit Armor Course, 2 Weeks (Mar 91) 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 to showing a deployment to Operation Desert Shield or any additional awards not currently reflected on his DD Form 214. 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 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 600-8-22 (Military Awards), currently in effect, prescribes Army policy, criteria, and administrative instructions for individual military decorations. 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. To be eligible, a service member must meet one or more of the following criteria: * Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations * Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations * Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the designated areas * Be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days; these time limitations may be waived for people participating in actual combat operations b The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 1991 and 28 February 1991. 3. Army Regulation (AR) 635-5 (Personnel Separations- Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for preparation of the DD Form 214. It states: a. Item 12f (Foreign Service) - the preparer should enter the total active duty performed outside the continental United States during the period covered by the DD Form 214. b. Item 13 (Decorations, Medals, Badges Citations and Campaign Ribbons) - the preparer should list all awards and decorations from the Soldier's records. c. Item 18 (Remarks) AR 635-8 (Separation Processing and Documents) - currently in effect, requires dates of service while being deployed to be added in the remarks section of the DD Form 214. The entry should show, "Service in (name of country deployed) from (inclusive dates) shown as YYYYMMDD - YYYYMMDD."