IN THE CASE OF: BOARD DATE: 22 June 2022 DOCKET NUMBER: AR20210017603 APPLICANT REQUESTS: correction of his foreign service credit in support of Operation Desert Shield/Desert Storm and Operation Uphold Democracy. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from Active Duty), ending 24 September 1976 * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 30 January 1985 * Orders Number 31-005, dated 31 January 1991 * Orders Number 02-003, dated 1 February 1991 * DA Form 67-8 (U.S. Army Officer Evaluation Report (OER)), from 1 January 1995 to 12 July 1995 * DD Form 214, ending 30 April 1997 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 22 May 2008 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 that his most recently issued DD Form 214 (Certificate of Release or Discharge from Active Duty) does not accurately reflect his foreign service credit for time served in Saudi Arabia for Operation Desert Storm and Haiti for Operation Uphold Democracy. 3. A review of the applicant's available service records reflects the following: a. DD Form 214 (Report of Separation from Active Duty) reflects the applicant enlisted in the Regular Army (RA) on 27 September 1973 and was honorably released from active duty on 24 September 1976. b. DD Form 214 (Certificate of Release or Discharge from Active Duty) item 12 (Record of Service), reflects the applicant enlisted in the RA on 12 June 1980 and was honorably discharged on 30 January 1985 for immediate reenlistment. c. On 31 January 1985, the applicant was commissioned as a warrant officer. in the RA. d. On 31 January 1991, Headquarters, 94th Air Defense Artillery Brigade, issued Orders Number 31-005, assigning the applicant to the 32nd Army Air Defense Command in support of Joint Task Force Patriot in Operation Desert Storm, effective 1 February 1991. He received the Army Commendation Medal covering dates from 2 February 1991 to 14 March 1991 and the Certificate of Achievement for exceptionally outstanding service in support of Operation Desert Storm. e. DA Form 67-8, spanning dates from 7 February 1991 to 3 April 1991 reflect the applicant was assigned to Task Force 7th Battalion, 1st Brigade, Air Defense Artillery (32nd Army Air Defense Command) and he was a direct support staff technician for a Patriot task force involved in combat operations during Operation Desert Storm. f. On 28 April 1992, the applicant received Permanent Orders Number 64-5, awarding the Valorous Unit Award for period of service from 17 January 1991 to 1 March 1991 for service as part of Operation Desert Storm. g. Officer Record Brief, dated 23 June 1995, shows the applicant served in Saudi Arabia beginning 1 February 1991 while assigned to 7th Battalion, 1st Brigade, Air Defense Artillery for a period of 2 months. h. The applicant received Memorandum, Subject: Army Superior Unit Award for dates from 11 June 1994 to 10 June 1995. i. On 2 May 1995, the applicant received Memorandum, Subject: Awarding of the Armed Forces Expeditionary Medal for Soldiers serving in Operation Uphold Democracy, Port Au Prince Haiti for service from 16 September 1994 to 31 March 1995. j. On 29 February 1996, the applicant received Memorandum, Subject: Approved Humanitarian Service Medal for Operation Uphold Democracy. k. On 30 April 1997, the applicant was honorably retired from active duty. l. DD Form 214, items: (1) 12f (Foreign Service) shows 3 years, 5 months, and 28 days. (2) Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) are as follows: * Meritorious Service Medal (4th Award) * Army Commendation Medal (8th Award) * Army Achievement Medal (3rd Award) * Retired Lapel Button * Valorous Unit Award * Army Superior Unit Award (2nd Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal (2nd Award) * Southwest Asia Service Medal with 2 bronze service stars * Humanitarian Service Medal * Noncommissioned Officers Professional Development Ribbon with Numeral 2 * Overseas Service Ribbon (3rd Award) * Army Service Ribbon * United Nations Medal * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation Medal (Saudi Arabia) * Driver and Mechanic Badge with Mechanic Bar 4. The applicant did not provide nor does review of his available personnel records reflect a DA Form 2-1 (Personnel Qualification Record), and or other supporting documents reflective of his periods of deployment. 5. The Gulf War Roster reflects the applicant served from 1 April 1991 to 30 April 1991. 6. The applicant provides: a. Orders Number 02-003 which amended Orders Number 31-005 showing Headquarters and Headquarters Battery, 7th Battalion, 1st Brigade was the attached to Headquarters, 11th Air Defense Artillery. b. DA Form 67-8 showing the applicant's evaluation while assigned to Maintenance Troop, Regiment Support Squadron, 2nd Armored Cavalry Regiment while providing support for the Armored Cavalry Regiment during Operation Uphold Democracy for the period 1 January 1995 through 12 July 1995. c. DD Form 215 showing the Korea Defense Service Medal was added to the applicant's DD Form 214, ending on 30 April 1997. 7. On 11 March 2022, the U.S. Army Human Resources Command, Chief, Army Service Center provided an advisory opinion requesting the applicant provide the following supporting documentation to verify dates and locations of Foreign Service: Leave and Earnings Statements from the Defense Finance Accounting Service (DFAS), order award and/or citation. 8. On 16 March 2022, the applicant was provided with a copy of the advisory opinion to provide a response. He responded by providing the following documents to support his request: * Permanent Orders Number 01-01, dated 9 October 1990 * Orders Number 02-003, dated 1 February 1991 * DA Form 67-8 OER, from 7 February 1991 to 3 April 1991 * Army Commendation Medal Certificate * Certificate of Achievement * Permanent Orders Number 64-5, dated 28 April 1992 * Memorandum for Armed Forces Expeditionary Medal, dated 2 May 1995 * Memorandum for Army Superior Unit Award, from 11 June 1994 to 10 June 1995 * Officer Record Brief, dated 23 June 1995 * Memorandum for the Humanitarian Service Medal, dated 29 February 1996 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was 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. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence based on the gulf war registry and his pay and entitlement records to support the applicant was deployed in support of Operation Desert Shield/Desert Storm from 1 April – 30 April 1991.and Operation Uphold Democracy for the period 1 January 1995 through 12 July 1995. Based on this, the Board determined relief is warranted and granted relief. 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: The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214: * Enter in item 12f (Foreign Service) “06 months 42 days.” * Enter in item 13 ((Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – Southwest Asia Service Medal and Kuwait Liberation Medal * Enter in item 18 (Remarks) “SERVICE IN SOUTHWEST ASIA FROM 1 April through 30 April 1991 “SERVICE IN HAITI FROM 16 September 1994 through 31 March 1995. 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, USC, 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 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. All available records will be used as a basis for the preparation of DD Form 214WS, including the Officer Record Brief, orders and any other document authorized for filing in the Official Military Personnel File (OMPF). Item 12f. (Foreign Service) will contain the total amount of foreign service completed during the period covered in Item 12c (Net Active Service this Period). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017603 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1