IN THE CASE OF: BOARD DATE: 13 July 2022 DOCKET NUMBER: AR20210015849 APPLICANT REQUESTS: issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his complete service from 31 July 1973 through 31 July 1993 with all of his authorized awards. 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). 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 when he retired in 1993, he received two DD Forms 214, one for his enlisted service and one for his commissioned service. He would like a DD Form 214 covering his complete service from 31 July 1973 through 31 July 1993 showing all of his authorized awards. He thinks the clerk was not sure of how to record it when he retired. He would like a corrected DD Form 214 before he dies. 3. He enlisted in the Regular Army on 31 July 1973 for a period of 3 years. 4. He was honorably discharged on 30 April 1975 for the purpose of immediate reenlistment. His DD Form 214 for this period shows in: * item 18a (Net Active Service This Period) – 1 year and 9 months * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal 5. He reenlisted on 1 May 1975. His DD Form 4 copied from his microfiche is only partially legible. 6. He reenlisted on 19 March1981. He was honorably discharged on 16 June 1981 to accept a warrant officer appointment. His DD Form 214 for this period shows in: * item 12c (Net Active Service This Period) – 2 months and 29 days * item 12d (Total Prior Active Service) – 7 years, 7 months, and 18 days (31 July 1973 through 18 March 1981) * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * item 28 (Narrative Reason for Separation) – Ordered to Active Duty as a Warrant Officer 7. His DA Form 2-1 (Personnel Qualification Record – Part II) is not updated in its entirety. The applicant last reviewed this form on 23 October 1982 and the last entry was dated 18 May 1984. The applicant did not provide a list of awards that may be missing. 8. Section VIII (Awards and Decorations) of his Officer Record Brief, April 1992, shows he was awarded or authorized the: * Bronze Star Medal * Meritorious Service Medal * Army Commendation Medal (3rd Award) * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with three bronze service stars * Meritorious Unit Commendation * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon with Numeral 2 9. He retired on 31 July 1993. His DD Form 214 for this period shows in: * item 12a (Date Entered Active Duty This Period) – 17 June 1981 * item 12c (Net Active Service This Period) – 12 years, 1 month, and 14 days * item 12d (Total Prior Active Service) – 7 years, 10 months, and 16 days * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Bronze Star Medal * Meritorious Service Medal (2nd Award) * Army Commendation Medal (3rd Award) * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal * Meritorious Unit Commendation * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon with Numeral 3 10. The Defense Manpower Data Center compiled the Operations Desert Shield/Desert Storm data base. The primary Operations Desert Shield/Desert Storm file contains one record for each active-duty member who participated in theater between 2 August 1990 and December 1997. The data base compiled by Defense Manpower Data Center shows the applicant served in Southwest Asia from 13 February 1991 through 8 May 1991. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. Upon review of the applicant’s petition and available military records, the Board concluded there was insufficient evidence of an error or injustice which would warrant relief in this case. Therefore, the Board denied relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the corrections addressed in the Administrative Note(s) below, 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): The applicant is authorized correction of his DD Form 214 for the period ending 31 July 1993 to show the following awards in lieu of the Kuwait Liberation Medal (unspecified) without Board action: * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait 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) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Kuwait Liberation Medal-Saudi Arabia was awarded by the Government of Saudi Arabia to service members of the Armed Forces of the United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991. b. The Kuwait Liberation Medal-Kuwait was awarded by the Government of Kuwait to service members of the Armed Forces of the United States who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993. 4. Army Regulation 635-5 (Separation Documents), effective 1 October 1979, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. This revision ended the need to prepare a DD Form 214 for enlisted members who were discharged for immediate reenlistment. 5. Army Regulation 635-5 (Separation Documents), effective 30 September 2000, superseded the version effective 1 October 1979. The specific instructions in this revision for an active duty Soldier deployed with his or her unit during their continuous period of active service stated to enter: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015849 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1