IN THE CASE OF: BOARD DATE: 1 September 2021 DOCKET NUMBER: AR20210008742 APPLICANT REQUESTS: correction of her records to show she participated in Operation Desert Storm and award of the National Defense Service Medal (NDSM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Self-authored Statement, 5 October 2020 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 August 1991 * Memorandum for Record (Participation in Operation Desert Storm), 7 November 1991 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 her DD Form 214 does indicate her participation in Operation Desert Storm. She also states she is entitled to the NDSM as a member of the Reserve. She cannot utilize the Veteran Affairs (VA) medical facilities because of these errors. While at Fort Bragg, she proudly served, assisting wounded Soldiers and performing additional assigned duties. Now she would like her record to reflect that. 3. In a self-authored statement, 5 October 2020 she states, in effect, her Reserve unit asked for volunteer (qualified) Soldiers to attend military occupational specialty (MOS) 91C school to assist in the mission of projected need in response to Operation Desert Storm. a. She volunteered. Attending the school during Desert Storm was challenging while assisting Womack Army Hospital with all the deploying Soldiers. The students were given extra details after school and weekends and for patient safety, the school was closed with new assignments to assist Fort Bragg with their mission. The school's graduation day was postponed and there was discussion that they would possibly deploy themselves. Fortunately, Operation Desert Storm ended and she graduated from the school course and returned to. b. She has been a nurse at the since 1992 (28 years). She recently attempted to utilize a VA dermatologist, but learned she had to use her own insurance, since she could not be seen at the VA without her DD Form 214 being updated with her participation in Operation Desert Storm. She has included a letter from her detachment sergeant showing proof of her participation in Operation Desert Storm. 4. The applicant enlisted in the U.S. Army Reserve on 28 March 1986 for a period of 8 years. 5. Although not available for review, the applicant was ordered to active duty for training. She was honorably released from active duty for training on 14 August 1987 by reason of Reserve Component personnel upon completion of MOS training. Her DD Form 214 shows in: * item 9 (Command to Which Transferred), the entry "356th Hospital, Rocky Point, NY 11778" * item 11 (Primary Specialty Number, Title and Years and Months in Specialty), the entry "91A1O – Medical Specialist" * item 12c (Net Active Service This Period), 2 months and 19 days 6. Headquarters, 77th U.S. Army Reserve Command, Orders 209-011, 19 June 1990 ordered her to active duty for training to attend the Practical Nurse School for 76 days at Fort Sam Houston, TX, with a reporting date of 7 July 1990. These orders were amended by changing her reporting date to 17 July 1990. 7. In a memorandum, she was released from Fort Sam Houston effective 29 August 1990 and further attached to Medical Department Activity Student Company, Fort Bragg, NC, for training in Phase II Class Number 4, starting 16 September 1990 and closing 29 August 1991. 8. DA Form 1059 (Service School Academic Evaluation Report), 19 August 1991, shows she completed the Fiscal Year 1990 Practical Nurse Course covering the period 17 July 1990 through 29 August 1991. She was awarded MOS 91C (Practical Nurse). 9. The applicant was honorably released from active duty training on 30 August 1991 by completion of period of active duty training. Her DD Form 214 shows she competed 1 year, 1 month, and 14 days of net active service this period. It further shows in: * item 9, the entry "356th Hospital, Rocky Point, NY 11778 * item 11, the entries "91C Practical Nurse" and "91A1 – Medical Specialist" * item 12f (Foreign Service), "00 00 00" representing no overseas service time or deployments * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), no entry of the NDSM 10. A review of the applicant's records contains a DA Form 2-1 (Personnel Qualification Record – Part II), which contains no entries showing she was deployed or assigned to a unit that was deployed overseas in support of Operation Desert Storm. 11. The applicant provided a memorandum for record (Participation in Operation Desert Storm), 7 November 1991, from the Detachment Sergeant, Medical Center, Fort Bragg, noting the following (see attachment): a. The applicant was a student in the Practical Nurse Course (MOS 92C) at Fort Bragg. During her attendance in the course, Operation Desert Storm took place. b. The command was given missions to prepare for Operation Desert Storm, i.e., converting a barracks into a hospital administration annex and the expansion of non- patient areas in the hospital into inpatient wards. c. Due to the large manpower requirement, the Practical Nurse Phase II Course was placed on a hold position while the students, including the applicant, were assigned to various tasking groups assigned details in support of these missions. The course was suspended for two weeks. Had Operation Desert Storm not occurred, these activities in direct support would not have taken place. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and her military record of service. Evidence in the record show the applicant was in attendance of her Practical Nurse Course covering the period 17 July 1990 through 29 August 1991 and awarded MOS 91C (Practical Nurse). The Board found no orders or annotation on the applicant’s DA Form 1059 (Service School Academic Evaluation Report) in regards to any support for Operations Desert Storm while attending her course. The Board concluded the applicant was detailed out in support of Operation Desert Storm while in her practical nurse course and agreed the memorandum is insufficient as the applicant did not meet the criteria for award of the National Defense Service Medal or correction of her records showing she participated in Operation Desert Storm. Therefore, the Board denied relief. 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. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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 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. 3. Army Regulation 600-8-22 (Military Awards), currently in effect, prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. The NDSM may be awarded for both active and reserve service as defined below. It is awarded for honorable active service for the period between (dates inclusive) 2 August 1990 and 30 November 1995 (Persian Gulf). b. During the period listed for the Persian Gulf, service members on active duty, members of the Selected Reserve in good standing, and service members of other than the Selected Reserve who were called to active duty will also be eligible. Service members in the following categories will not be eligible for the NDSM: (1) any service member on active duty for the sole purpose of undergoing a physical examination; and (2) any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only, or to serve on boards, courts, commissions, and like organizations. 4. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. Chapter 5 prescribes the instruction for preparing DD Form 214, which is a summary of the Soldier's most recent period of continuous active duty. Item 12f (Foreign Service) states to enter the total amount of service performed outside the continental United States during the period covered in item 12c (Net Active Service This Period) to include deployments. Additionally, list period of deployed service in item 18 (Remarks). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008742 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1