ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 14 April 2020 DOCKET NUMBER: AR20190011433 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 May 1991 to show: * Type of discharge * Add Primary Military Occupational Specialties (PMOS) * Add military education * Foreign Service in support of Operation Desert Shield/Desert Storm from 8 January – 10 May 1991 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Orders (PO) Number 34-1, dated 4 December 1990 * Annex to PO Number 34-1, dated 6 December 1990 * Proclamation Office of the Mayor, Hutchinson, KS, dated 11 May 1991 * Certificates of Achievement, dated 1 June 1991 * Certificate of Appreciation, dated 1 June 1991 * Certificate of Mobilization, dated 14 July 1991 * DD Form 256A (Honorable Discharge Certificate), dated 18 October 1991 * Orders Number 200-18, dated 18 October 1991 * DA Form 1577 (Authorization for Issuance of Awards), dated 30 March 1993 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 his PMOS should read 11B1P (Infantryman) (Airborne), 5 years and 9 months, 11B3P, 2 months, 95B10 (Military Police (MP)), 8 months, 95B20, 11 months, and 95B30, 2 years and 2 months. Additionally, his military education should show basic/advanced individual training Infantry school 11B10, 3 weeks (completed in October 1982), Airborne School, 3 weeks (completed in November 1982), MP School, 2 weeks (completed in March 1998), Primary Leadership Development Course (PLDC), 3 weeks (completed in June 1989). 3. Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. DD Form 214, item 11 (Primary Specialty) will list the number, title and years and months in a specialty involving periods of one or more years. Item 12f (Foreign Service) enter the total amount of foreign service completed during the period covered in block 12c. Additionally, item 14 (Military Education) will not list training courses for combat skills. Item 24 (Character of Service) is determined by directives authorizing separation. The Record of Proceedings will not address MOS 11B3P, 2 months, 95B10, 8 months, 95B20, 11 months, and basic training and advanced individual training. 3. A review of the applicant’s official records show the following: a. On 5 April 1982, the applicant enlisted in the U.S. Army Reserve (USAR). b. DA Form 2-1 (Personnel Qualification Record) shows the following in: (1) Item 6 (MOS) he held MOS 11B20 from 22 October 1982 to 19 March 1989 and MOS 95B20 beginning on 20 March 1989. (2) Item 17 (Civilian Education and Military Schools) he completed Airborne School in 1982 (3 weeks), phases 1 and 2 for MOS 95B in 1988, and PLDC phases 1 and 2 in 1989 (18 days). c. From 31 July 1988 – 12 August 1988, DA Form 87 (Certificate of Training) shows the applicant attended and completed training in MOS 95B. d. On 20 March 1989, Orders Number 079-028, issued by the 89th USAR Command (USARC), Wichita, KS awarded the applicant MOS 95B as his PMOS and withdrew MOS 11B as his PMOS, effective on 20 March 1989. e. on 13 June 1990, Orders Number 164-094, issued by the 89th USARC, promoted the applicant to the rank/grade of staff sergeant (SSG)/E-6 in MOS 95B, effective on 13 June 1990. f. On 4 December 1990, Orders Number 046-011, issued by Headquarters, 89th USARC, ordered the applicant to active duty in support of Operation Desert Shield/Desert Storm. g. On 9 May 1991, Memorandum, Subject: Annotation of Foreign Duty was completed by the applicant’s immediate commander indicating individuals on the attached list performed in Iraq from 30 March – 10 April 1991. The list was not attached to the document. h. On 29 May 1991, the applicant was honorably released from active duty and transferred to his USAR unit. DD Form 214 shows in: * item 11; 11B30 Infantryman, 2 months; 95B30 Military Police, 2 years and 2 months (this MOS and time is correct and does not require a record correction) * item 12c (Net Active Service This Period) 5 months and 24 days * item 12f; 4 months and 1 day * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * National Defense Service Medal * Army Achievement Medal * Parachutist Badge * Noncommissioned Officer Professional Development Ribbon * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16)\ * Expert marksmanship Qualification Badge with Grenade Bar * Army Reserve Components Achievement Medal (2nd Award) * item 14; void of an entry * item 18 (Remarks) ordered to active duty in support of Operation Desert Shield/Desert Storm; service in Southwest Asia 6 January – 6 May 1991 * item 24; is missing/and or void of a characterization of service i. On 17 September 1992, DD Form 215 (Correction of DD Form 214) was issued correcting the applicant’s DD Form 214 ending on 29 May 1991 by correcting the following: * item 11; 11B30 Infantryman 6 months * item 13; added the Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal * item 14; None j. The applicant’s records are void of any documentation that would render his characterization of service anything other than honorable. Likewise it is void of any orders ordering him to active duty for a period greater than 90 days. 4. The applicant provides: a. PO Number 34-1, issued by the 89th USARC showing the applicant’s unit was ordered to active duty in support of Operation Desert Shield/Desert Storm. b. Annex A to PO Number 34-1 listing the names of personnel in the main body who were ordered to active duty. c. Proclamation Office of the Mayor, Hutchinson, KS wherein the Mayor proclaimed 11 May 1991 as 346th MP Company day. d. Certificates of Achievement presented to the applicant for his contributions to Operation Desert Shield/Desert Storm. e. Certificate of Appreciation presented to the applicant for his support during Operation Desert Shield/Desert Storm. f. Certificate of Mobilization presented to the applicant for his active Federal service during Operation Desert Shield/Desert Storm. g. DD Form 256A showing the applicant was honorably discharged from the U.S. Army on 18 October 1991. h. Orders Number 200-18, issued by Headquarters, Fifth U.S. Army and Fort Sam Houston, TX honorably discharged the applicant from the USAR. i. DA Form 1577 showing the awards and decorations listed on DD Forms 214 and 215 be issued to the applicant. 5. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. a. DD Form 214: * item 11 (Primary Specialty) will list the number, title and years and months in a specialty involving periods of one or more years * item 12f (Foreign Service) enter the total amount of foreign service completed during the period covered in block 12c * item 14 (Military Education) will not list training courses for combat skills * item 24 (Character of Service) is determined by directives authorizing separation (Honorable, Under other than Honorable Conditions (General), Under other than Honorable Conditions, Bad Conduct, Dishonorable, Uncharacterized) b. DD Form 214 will not be issued for members who have not completed 90 days or more of continuous active duty training or active duty support. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed the applicant’s DD Form 214 did not accurately reflect his time in service; thereby warranting correction in this case. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. ? 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: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 amending his DD Form 214 for the period ending 29 May 1991 by adding: * Item 12f (Foreign Service) – 5 months * Item 24 (Character of Service) - Honorable 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): 1. The applicant’s DD Form 214 ending on 29 May 1991 can be corrected without Board action to show the following in item: * 11; 11B1P, 6 years and 4 months * 13; add the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) * 14; Airborne School, 3 weeks, 1982, Primary Leadership Development Course, 3 weeks, 1989 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DA Form 2-1 (Personnel Qualification Record) * Orders Number 046-011 * DD Form 214 3. AR 600-8-22 (Military Awards) states 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 4. Amend the applicant’s DD Form 214 ending on 29 May 1991 to show the corrections in paragraph 1, provide the applicant a copy of the corrections, and record the corrections in the applicant’s official military personnel record. 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. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. a. DD Form 214: * item 11 (Primary Specialty) will list the number, title and years and months in a specialty involving periods of one or more years * item 12f (Foreign Service) enter the total amount of foreign service completed during the period covered in block 12c * item 14 (Military Education) will not list training courses for combat skills * item 24 (Character of Service) is determined by directives authorizing separation (Honorable, Under other than Honorable Conditions (General), Under other than Honorable Conditions, Bad Conduct, Dishonorable, Uncharacterized) b. DD Form 214 will not be issued for members who have not completed 90 days or more of continuous active duty training or active duty support. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009830 6 1