ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 May 2019

	DOCKET NUMBER:  AR20180012728


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Saudi Arabia from              11 February to 16 June 1991.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Department of Defense Military Service Information
* Request for Orders (RFO)
* DA Form 67-8 (U.S. Army Officer Evaluation Report (OER))
* Permanent Orders 62-8
* Officer Record Brief
* an unclassified message
* a memorandum with enclosure

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 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 the information pertaining to his deployment dates during Gulf War I are incorrect.  The Defense Personnel Record Information System shows he deployed from 1 July to 31 July 1991; however, his actual deployment dates were from 11 February to 16 June 1991.

3.  The applicant entered active duty on 6 January 1985, as a member or the U.S. Army Reserve.

4.  The applicant was honorably released from active duty on 1 April 1996.  The          DD Form 214 he was issued shows he performed 1 year, 5 months and 9 days foreign service.  Item 18 (Remarks) does not identify a location foreign service was performed.  The form further shows he was not awarded the Kuwait Liberation Medal – Saudi Arabia; however, he was awarded or authorized, in part, the:

* Bronze Star Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Humanitarian Service Medal (HSM) (2nd Award)
* Kuwait Liberation Medal – Kuwait 

5.  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 shows the applicant served in Southwest Asia during the period 1 July to 31 July 1991.

6.  The applicant provides:

     a.  An RFO dated 7 February 1991, which required him to report to Fort Benning, GA not later than 11 February 1991.

     b.  An OER from 23 October 1990 to 15 June 1991, which indicates duty in Saudi Arabia.

     c.  Orders awarding him the Bronze Star Medal for meritorious achievement from           17 February to 10 March 1991.

     d.  An ORB created on 4 December 1995, which shows he served in Saudi Arabia for 4 months beginning 11 February 1991.  He returned to duty at Aberdeen Proving Ground, MD on 20 June 1991.

     e.  An unclassified message which notes military personnel who directly participated in Operation Provide Comfort from 5 April to 14 June 1991, were approved for award of the HSM.

     f.  A recommendation for award of the HSM which lists the applicant's name as supporting Operation Provide Comfort from 22 April to 2 May 1991.

7.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  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)” in item 18.




BOARD DISCUSSION:

1.  The Board reviewed the applicant’s request, the documents in his record and DFAS information.  Based on the evidence in his record, to include assignment orders, Bronze Star Medal and Humanitarian Service Medal orders and his Officer Record Brief, the Board determined by preponderance of evidence that he was deployed to Saudi Arabia between February and June 1991. 

2.  After reviewing the application and all supporting documents, the Board found that relief was warranted.
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:

1. 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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 April 1996 with the following statement “SERVICE IN SAUDI ARABIA FROM 19910211 - 19910616 in item 18.  


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable


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 (AR) 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated 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 AR 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

     a.  item 12f (Foreign Service), 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 AR 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).”

3.  AR 600-8-22 states the Kuwait Liberation Medal – Saudi Arabia 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.  


ABCMR Record of Proceedings (cont)	 AR20180012728


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