ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 26 April 2019 DOCKET NUMBER: AR20180016373 APPLICANT REQUESTS: Issuance of a new DD Form 214 (Certificate of Release or Discharge from Active Duty) to: a. show he deployed to Saudi Arabia from 24 July 1990 to 10 April 1991 in support of Operation Desert Shield/Desert Storm. b. add the following awards: * Southwest Asia Service Medal (SWASM) * Kuwait Liberation Medal (Kingdom of Saudi Arabia) (KLM-SA) * Kuwait Liberation Medal (Government of Kuwait) (KLM-K) * National Defense Service Medal (NDSM) * Army Commendation Medal (ARCOM) * Army Achievement Medal (AAM) * Noncommissioned Officer Professional Development Ribbon (NCOPDR) * Overseas Service Ribbon (OSR) * Armed Forces Expeditionary Medal (AFEM) * Joint Service Achievement Medal (JSAM) * Defense Superior Service Medal (DSSM) * Global War on Terrorism Service Medal (GWOTSM) * Meritorious Service Medal (MSM) * Silver Star (SS) c. show his rank/pay grade as sergeant first class (SFC)/E-7. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Letter * U.S. Army Human Resources Command (HRC) Letter * Army Review Boards Agency (ARBA) 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 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 orders and other documents show he served on active duty from 24 July 1990 to 15 April 1991 in support of Operation Desert Shield/Storm. Also, all records were lost or destroyed except his DD Form 214; Stop Loss Memorandum, dated 13 September 1990; Orders, dated 26 July 1990; and Orders, dated 15 April 1991. 3. The applicant enlisted in the Regular Army on 12 August 1986. 4. His military personnel record contains a DA Form 4187 (Personnel Action), dated 19 September 1988, that shows he was promoted to specialist four/E-4, effective 12 October 1988. 5. His DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service) - no entry showing he deployed to Saudi Arabia or completed any foreign service * item 9 (Awards, Decorations and Campaigns) - entries for two marksmanship badges and the Army Service Ribbon and no other awards * item 17 (Civilian Education and Military Schools) - no entry showing he completed any NCO professional development courses * item 18 (Appointments and Reductions) - no entry showing he was promoted above the rank/pay grade of SP4/E-4 6. On 11 August 1989, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve service obligation. 7. There are no orders that show he was promoted above the rank of SP4/E-4. 8. His DD Form 214 for the period ending 11 August 1989 shows the following: * items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - shows he held the rank/pay grade of SP4/E-4 at the time of his separation * item 12f (Foreign Service) - he did not receive credit for any foreign service * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - no entries for the awards he is requesting * item 14 (Military Education) - no entry showing he completed any NCO professional development courses * item 18 (Remarks) - no entry showing he deployed to Saudi Arabia 8. His military personnel records contain the following documents: a. Orders C-07-020439, dated 26 July 1990, show he was transferred from the USAR Control Group (Reinforcement) to the 820th Engineer Battalion, San Pablo, CA, effective 24 July 1990. b. Memorandum, Subject: Return of MPRJ [Military Personnel Records Jacket], dated 13 September 1990, with his name and social security number handwritten on memorandum, that shows: (1) his MPRJ and other documents were returned to unit without action; (2) Memorandum, Subject: Desert Shield - Separation Transfer and USAR Retention Actions of USAR Soldiers in Support of Desert Shield, dated 30 August 1990, provided modified rules for transfers, reassignments, and separations; and (3) he would remain a mobilization asset to his unit unless an exception to the stop loss policy was granted by the appropriate commander. c. Orders 109-001, dated 10 July 1991, show he was reassigned to USAR Control Group (Reinforcement), effective 15 April 1991 by reason of "Command Directed (JA)." d. Orders D-08-472381, dated 30 August 1994, show he was honorably discharged from the USAR, effective 30 August 1994. 9. The Defense Manpower Data Center (DMDC) 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 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in- theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995. This database does not list the applicant's name. 10. The evidence shows the applicant was placed in a stop loss status on 13 September 1990 as a Reservist for mobilization in support of Operation Desert Shield/Storm. There is no evidence that shows he was ordered to active duty from 24 July 1990 to 10 April 1991 in support of Operation Desert Shield. 11. In a 31 July 2018 letter, ARBA informed him that the Board would not consider an application until the applicant has exhausted all available administrative remedies to correct the alleged error or injustice. Therefore, his case was administratively closed without action and his application was transferred to HRC for their action. He was advised that he could reapply to the Board if he still believed that an error or injustice existed. 12. In a 23 October 2018 letter, HRC informed him that they were unable to locate supporting documentation for the requested change. HRC advised him that if he had any documentation in his possession which supported the change, he could resubmit his request to this Command. HRC also informed him that his service records were not available and to submit a request for his military service records to NPRC. 13. He provided a personal letter, dated 8 November 2018 in which he states: a. He contacted both ARBA and HRC concerning his requests. HRC responded to him on 23 October 2018 by stating, "We were unable to locate supporting documentation for the request change." b. He provided Orders assigning him to the USAR, dated 26 July 1990; Orders discharging him from the USAR, dated 15 April 1991; and a memorandum, dated 13 September 1990 to HRC. He questioned why were they unable to locate these documents when they were clearly provided. HRC stated, "Your service records are not available at this command." When he ordered his records from the National Personnel Records Center (NPRC), he recognized the error and injustice in his military records. His Desert Shield service records were not located at the NPRC. c. He really served during Operation Desert Shield and was very clear that his records were all lost/destroyed by the USAR except the three above mentioned documents. He spoke to Desert Shield veterans who told him that he would receive another DD Form 214 or DD Form 215 (Correction to DD Form 214) that shows his active duty service during Desert Shield for mobilization from 24 July 1990 to 10 July 1991; all awards he earned and awarded; foreign service credit; and correct rank. d. His request not fairly decided and his evidence was not properly checked or considered. He was not given proper relief in the interest of just. 14. The evidence shows the applicant was placed in a stop loss status on 13 September 1990 as a Reservist to remain a mobilization asset for his unit. The evidence does not show that he was actually mobilized. 15. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army (DA) policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation states: a. The SWASM 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. There are no service records available that show he served in Southwest Asia. b. The KLM-SA 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 and the KLM-K is awarded for participation in the Persian Gulf War between 2 August 1990 and 31 August 1993. There are no service records available to the Board that shows he participated in the Persian Gulf War. c. The NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August 1990 through 30 November 1995. There is insufficient evidence that he served a period of qualifying service for the NDSM in the Selected Reserve. d. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. There is no recommendation or orders awarding him the ARCOM. e. The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. There is also no recommendation or orders awarding him the AAM. f. The NCOPDR is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. His service record is void of evidence showing he completed any NCO professional development courses, thereby qualifying for award of the NCOPDR. g. 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 OSR for successful completion of overseas tours. There is no evidence of record that shows he completed an overseas tour. h. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. His service record is void of evidence that shows he participated in military operations within a specific geographic area qualifying him for the AFEM. i. The JSAM and DSSM are authorized by the Secretary of Defense. His service record does not include orders or other documentation showing the Secretary of Defense authorized him these awards. j. The GWOTSM is authorized for award to Servicemembers of the Armed Forces of the United States who have participated in or served in support of a Global War on Terrorism operations outside a designated area of eligibility as defined in paragraph 2– 19d on or after 11 September 2001 to a future date to be determined. Paragraph 2-19d states all Soldiers on active duty, including RC Soldiers mobilized, or ARNG Soldiers activated on or after 11 September 2001 until a date to be determined and having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. His service record is void of evidence that shows he was mobilized in support of Global War on Terrorism operations on or after 11 September 2001. k. The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. His service record is void of orders awarding him the MSM. l. The SS is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. His service record is void of a formal recommendation or orders awarding him the SS. 16. Based on Army Regulation 635-5 in effect at that time, the DD Form 214 is prepared to show the rank/pay grade the Soldier held at the time of separation. The applicant held the rank/pay grade of specialist/E-4 at the time of his separation on 11 August 1989. There is no evidence that shows he was promoted to SFC/E-7 subsequent to this period of active duty. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. His record is absence any evidence he served in SWA, and he did not provide any evidence to support his contention. Based upon the record, the Board determined there was no error or injustice, and no relief is warranted in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 600-8-22 states: a. The SWASM 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. b. The 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. c. The KLM-KU 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 NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and the U. S. Army Reserve who were part of the Selected Reserve in good standing during the period 2 August e. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. f. The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. g. The NCOPDR was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. h. The OSR was established by the Secretary of the Army on 10 April 1981. 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. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. i. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. j. The JSAM was authorized by the Secretary of Defense on 3 August 1983. It is awarded to members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service. k. The DSSM was established by EO 11904, 6 February 1976. It is awarded by the Secretary of Defense to Servicemembers of the Armed Forces of the United States who, after 6 February 1976, rendered superior meritorious service in a position of significant responsibility. l. The GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. m. The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. n. The SS is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It establishes standardized policy for preparation of the DD Form 214. The version in effect at the time stated to enter the rank and pay grade in which the individual served at the time of separation in items 4a and 4b. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016373 2 1