ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  4 October 2019

	DOCKET NUMBER:  AR20190008028


APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or 
Discharge from Active Duty), with separation date of 1 November 1991, in item 12f 
(Foreign Service) to show 322 days of foreign service and award of the Southwest Asia 
Service Medal (SWASM).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, dated 1 November 1991
*	letter of support, dated 12 June 2017

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, in effect, his DD Form 214 does not list his 322 days of 
overseas service and he believes he should be considered for award of the SWASM.  
He contends, at the beginning of his overseas service, he was assigned as the Deputy 
G–3, 26th Infantry Division, Maryland Army National Guard (MAARNG).  He flew to 
Germany in support of an 8th Infantry Division support mission on 9 September 1990 
and when he arrived he was informed of his stop loss.  He was then also informed he 
would be assigned as the liaison team leader for Headquarters (HQ), V Corps, HQ 
United States Army Europe, Heidelberg, Germany.  

a.	The stop loss was extended, 25 February 1991, and at the end of Desert Storm 
he was assigned to G–3 Operations, V Corps, where he was ordered to prepare 
equipment from Corps assets to move from Rhein Mein Air Force Base (AFB) to Ineirlik 
AFB, Turkey.  

b.	He made several trips to Incirlik moving equipment in support of Operation 
Provide Comfort.  He deployed after Operation Provide Comfort to several special 
projects including a one-month mission in Spain, two weeks in France and a minor 
mission to East Germany.  

c.	He was released from active duty after his 322 days of continuous service and 
received his DD Form 214 at Fort Devens, MA when he returned to the continental 
United States.

3.  On 21 February 1991, the applicant was ordered to active duty in support of 
Operation Desert Shield – Desert Storm.  He was released from active duty on 
1 November 1991, after completion of his term of service.  His DD Form 214 shows:

*	item 2 (Department, Component and Branch) – Army; Army National Guard 
(ARNG); Infantry
*	item 7a (Place of entry Into Active Duty) – "BUZZARDS BAY, MA"
*	item 9a (Last Duty Assignment and Major Command) – "HQS, V CORPS, 
ACOFS – G – 3, APO NY 09079"
*	item 8b (Station Where Separated) – "FORT DEVENS, MA"
*	item 12c (Net Active Service This Period) – "00 08 11"
*	item 12d (Total Prior Active Service) – "SEE ITEM #18"
*	item 12e (Total Prior Inactive Service) – "SEE ITEM #18"
*	item 12f (Foreign Service) – "00 00 00"
*	item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) – list an entry "OVER SEAS SERVICE (SEE ITEM #18)
*	item 18 (Remarks) – list an entry "ORDERED TO ACTIVE DUTY IN SUPPORT 
OF OPERATION DESERT SHIELD/DESERT STORM IAW 10 USC 673B"
*	item 23 (Type of Separation) – "RELIEF FROM ACTIVE DUTY"
*	item 28 (Narrative Reason for Separation) – "EXPIRATION TERM OF 
SERVICE"

4.  A review of the applicant's military record provides the following documents or 
evidence of record, which shows his period of service while assigned to the MAARNG 
as the Assistant G–3 and United States Army Europe (USAREUR) active duty principle 
titles from 16 January 1990 to 1 November 1991.  These documents include but are not 
limited to the below records:
*	DA Form 67 – 8 (US Army Officer Evaluation Report), with through date 
15 January 1991
*	DA Form 67 – 8, with through date 20 February 1991
*	DA Form 67 – 8, with through date 23 June 1991
*	DA Form 2 – 1 (Personnel Qualification Record)
5.  On 11 December 2002, a DD Form 215 (Correction to DD Form 214, Certificate of 
Release or Discharge from Active Duty) was published which shows DD Form 214,  
dated 1 November 1991, was corrected to show:

*	item 12f – "00 11 22"
*	item 12d – "00 05 25"
*	item 12f –  "24 05 17 // NOTHING FOLLOWS"

6.  The applicant provides a letter, which shows OHJ a Colonel Infantry (Retired) states, 
in effect, he ordered the applicant to Incirlik AFB, Turkey to receive equipment from V 
Corps, Germany in preparation for the upcoming operation "Provide Comfort" to assist 
the Kurdish people of Northern Iraq.  During the applicant's eight to ten days in Turkey 
he prepared wheeled and tracked vehicles for movement into Iraq.  The applicant's 
expertise was an attribute to his many assignments there [GE] during Operation Desert 
Shield – Desert Storm.  The applicant is well known in Europe for his accomplishments 
during his eleven-month tour. 

7.  The applicant's available record and the Interactive Personnel Electronic Records 
Management System (iPERMS) is void of orders or evidence which shows he was 
ordered to a period of service for a military operation or active duty in support of 
Operation Desert Shield – Desert Storm.  

8.  An email from the Defense Finance and Accounting Service (DFAS), dated 
15 August 2019, shows the applicant's finance and accounting record is void of 
evidence which shows foreign service for an active duty period of service from 
9 September 1990 through 1 November 1991.

9.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed policies 
and procedures regarding separation documents.  The purpose of a separation 
document is to provide the individual with evidence of his or her military service at the 
time of separation.  It is a vital record for interested government agencies which assists 
the veteran in obtaining the rights and benefits to which he is entitled.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his service 
records, his orders to active duty, his unit of assignment, a DD Form 215 adding 11 
months, 22 days of foreign service and his Honorable discharge.  The Board found he 
was assigned to USAREUR for his period of active duty; the Board did not find he was 
under the command of U.S. Central Command or directly supporting military operations 
in the combat theater.  Based on a preponderance of evidence, the Board determined 
that the applicant did not meet the criteria for the SWASM and that the foreign service 
as noted on a D Form 215 was not in error or unjust.


2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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 635-5 (Separation Documents), then in effect, prescribed policies 
and procedures regarding separation documents.  It also established standardized 
policy for preparing and distributing the DD Form 214.  The purpose of a separation 
document is to provide the individual with evidence of his or her military service at the 
time of separation.  It is a vital record for interested government agencies which assists 
the veteran in obtaining the rights and benefits to which he is entitled.  It is important 
that information entered thereon is complete and accurate.  The regulation directs to 
enter foreign service (item 12f) covering the period (see item 12c).

3.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf 
War is to be recognized by award of the Southwest Asia Service Medal to Army 
members who participated in Operations Desert Shield/Desert Storm in the designated 
area on or after 2 August 1990.  A bronze service star is authorized for the Defense of 
Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of 
Kuwait (17 January to 11 April 1991).  The regulation also provides that members of the 
Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria and Jordan 
between 17 January 1991 and 11 April 1991 are eligible for this award provided they 
were under the command of U.S. Central Command or directly supporting military 
operations in the combat theater.

4.  Army Regulation 635-8 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214.  Block 12f: Foreign Service.  Enter the 
total amount of service performed outside the continental United States (OCONUS) 
during the period covered in block 12c. In addition, list periods of deployed service in 
block 18.

     a.  To determine if an officer has completed his or her commitment, refer to the initial 
active duty order, as appropriate, for the number of years the officer is ordered to active 
duty. Compare the active duty service obligation to the net service in block 12c (Net 
Active Service This Period) of the DD Form 214.  If an officer has met or exceeded the 
obligation, enter “HAS.”  If item 12c of the DD Form 214 is less than the officer’s 
commitment, enter “HAS NOT.”  Once a DD Form 214 has been issued stating “HAS” 
completed first full term of service, then any subsequent DD Forms 214 must also say 
“HAS”.  As an exception, if the narrative reason for separation on the DD Form 214 is 
“completion of required active service or insufficient retain-ability (economic reasons),” 
then enter “HAS.”

   b.  For Soldiers who have their period of service extended:
   
*	Voluntary extensions (as evidenced by the extension reading “for the best 
interest of the Service”), enter "EXTENSION OF SERVICE WAS AT THE 
REQUEST AND FOR THE CONVEINCE OF THE GOVERNMENT."
*	Voluntary extensions (as evidenced by the extension reading “in support of 
contingency operation”), enter “EXTENSION OF SERVICE WAS AT THE 
REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT IN 
SUPPORT OF A CONTINGENCY OPERATION.”
*	For Soldiers retained past ETS, enter “RETAINED IN SERVICE (specify 
number of days) FOR THE CONVENIENCE OF THE GOVERNMENT PER 
(authority for retention).”

c.	For Reserve Component Soldiers ordered to active duty, participating in or 
supporting a contingency operation, and deployed to a foreign country, enter the 
following three statements in 1, 2, and 3, below in succession.   For RC Soldiers 
ordered to active duty, participating in or supporting a contingency operation, and 
stationed in CONUS enter statements in 1 and 3, below. For active duty Soldiers 
deployed with their unit during their continuous period of active service, enter only the 
statement in 2, below.

*	“ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 
10 USC (applicable section)”
*	“SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)”
*	“SOLDIER HAS/HAS NOT COMPLETED PERIOD FOR WHICH ORDERED 
TO ACTIVE DUTY FOR PURPOSE OF POST–SERVICE BENEFITS AND 
ENTITLEMENTS”

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) 
prescribes the policies and procedures for correction of military records by the Secretary 
of the Army, acting through the ABCMR.  The regulation provides that 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.

ABCMR Record of Proceedings (cont)	 AR20190008028
	
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