IN THE CASE OF:
BOARD DATE: 9 November 2022 
DOCKET NUMBER: AR20220006130 


APPLICANT REQUESTS: reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 December 1992 to show: 

•his deployment in support of Operations Desert Shield/Desert Storm (Gulf War)

•all authorized awards, decorations, and campaign ribbons



APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

















•DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)•Allegan County Senior and Veteran Services Office Letter, 27 October 2021•Department of Veterans Affairs (VA) Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder), 22 April 2016•VA Form 21-4138 (Statement in Support of Claim), 31 May 2017•DA Form 4187 (Personnel Action), 6 December 1990•Church Bulletin Insert of Prayer Requests and Addresses for Our Servicemen and Women, 27 January 1991•Headquarters, Combat Aviation Brigade, 3d Armored Division, Dhahran,Saudi Arabia (Army/Air Force Post Office 09683), Permanent Order 000001-092, 25 April 1991•21 pages of postmarked envelopes/cards•five Leave and Earnings Statements (LES)



FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in Docket Number AR20190015166 on 4 September 2020.

2.The applicant states his DD Form 214 is missing his deployment in support ofOperation Desert Storm. He has recently received compensation based on benefitsfrom an injury during his service in support of Operation Desert Storm. Hiscorrespondence to the VA for benefits noted he arrived in Saudi Arabia from Germanyon 24 December 1990 while assigned to Troop B, 4th Squadron, 7th Cavalry Regiment, 3d Armored Division. 













3.The DA Form 4187, 6 December 1990, reassigned him to Troop B, 4th Squadron, 7th Cavalry Regiment, 3d Armored Division, Frankfurt, Germany (Army/Air Force Post Office 09706), with a reporting date of 6 December 1990.4.The  Church Bulletin Insert of Prayer Requests and Addresses for Our Servicemen and Women, 27 January 1991, requests that church patrons pray for servicemen and women. This bulletin lists the applicant with his unit's address and notes "Operation Desert Storm."5.He provided 21 pages of postmarked envelopes/cards addressed to him between 23 January 1991 and 27 March 1991 that show Operation Desert Shield or Operation Desert Storm in the address.6.Headquarters, Combat Aviation Brigade, 3rd Armored Division, Dhahran,Saudi Arabia, Permanent Orders 000001-092, 25 April 1991, awarded him the Army Commendation Medal for meritorious achievement during period 17 January 1991 to 28 February 1991 (a period of 1 month and 12 days).7.His LESs for the period March 1991 to July 1991 show payment of danger pay for the period December 1990 through March 1991 and note tax exemptions affecting persons involved in Operations Desert Shield/Desert Storm.8.His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:a.item 5 (Oversea Service), he received overseas tour credit for service inGermany from 3 December 1990 through 1 December 1992, a period of 24 months; and 

b.item 35 (Record of Assignments), he was assigned to Troop B, 4th Squadron,7th Cavalry Regiment, 3rd Armored Division, in Germany from 7 December 1990 to 30 November 1992. 

9.His Official Military Personnel File is void of any documentation (e.g., deploymentorders, an award specific to the operation, etc.) showing he deployed to Southwest Asiain support of Operations Desert Shield/Desert Storm.

10.He was honorably released from active duty on 4 December 1992 under theprovisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel),chapter 4, by reason of expiration term of service. He completed 2 years, 3 months, and27 days of net active service during this period. His DD Form 214 shows in:

a.block 12f (Foreign Service), he completed 2 years and 1 day of foreign service;

b.block 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized), he was awarded or authorized the: 

•National Defense Service Medal

•Army Service Ribbon

•Overseas Service Ribbon

•Expert Marksmanship Qualification Badge with Grenade Bar

•Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



c.block 18 (Remarks), no entries showing he deployed in support of any namedoperations, including Operations Desert Shield/Desert Storm, during the period covered by the DD Form 214. 

11.The Defense Manpower Data Center compiled the Operations Desert Shield/Desert Storm (Gulf War) database, which is the primary file that contains one record foreach active-duty member who participated in theater between August 1990 andDecember 1997. This database does not contain the applicant's name.

12.He provided his VA Form 21-0781, 22 April 2016, and VA Form 21-4138, 31 May2017, wherein he discusses his experiences during his deployment

13.On 4 September 2020 in Docket Number AR20190015166, the ABCMR denied hisrequest for correction of his records to show his foreign service in support of OperationsDesert Shield/Desert Storm. Based upon the documentary evidence he provided andfound within his military service records, the Board found there was insufficient evidenceto show he ever served in support of Operations Desert Shield/Desert Storm. The Boardauthorized correction of his DD Form 214 for the period ending 4 December 1992 toshow award of the Army Commendation Medal. He was issued a DD Form 215(Correction to DD Form 214), 1 March 2021.


BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the applicant’s military records, 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.  Upon review of the applicant’s petition and available military records the Board determined 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 determined there was some evidence the applicant 


deployed in support of Desert Shield/Desert Storm; however, specific dates of the possible deployment cannot be located  within the available evidence.  Based on this the Board determined reversal of the previous decision is not warranted and relief was denied. 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. 


Microsoft Office Signature Line...
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.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR. The ABCMR begins its consideration of each casewith the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 
 
 a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and the contiguous waters or airspace thereover on or after 2 August 1990 to 30 November 1995. To be eligible, a service member must meet one or more of the following criteria: 
 
• be attached to or regularly serving for 1 or more days with an organization participating in ground or shore (military) operations 

• be attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations 

• be actually participating as a crew member in one or more aerial flights directly supporting military operations in the designated areas 

• be serving on temporary duty for 30 consecutive or 60 nonconsecutive days – these time limitations may be waived for people participating in actual combat operations 


 
b.  The Kuwait Liberation Medal-Saudi Arabia 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. 
 
 c.  The Kuwait Liberation Medal-Kuwait is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. 
 
3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. lt established standardized policy for preparing and distributing the DD Form 214. 
 
 a.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. 
 
 b.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. Obtain the foreign service listed in the  DA Form 2-1 for enlisted Soldiers to compute this entry. If necessary, verify the foreign service in the Military Personnel Records Jacket. 
 
 b.  For item 13, list awards and decorations for all periods of service in the priority sequence. Each entry will be verified by the Soldier's records. Do not use abbreviations. 
 
 c.  For item 18, use this block for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries that are too long for their blocks. 
 
 d.  The were no provisions for entering deployed service. 
 
4.  Army Regulation 635-5, effective 30 September 2000, prescribed the separation documents that must be prepared for Soldiers on 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. The specific instructions 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. 
 
5.  Department of Defense Financial Management Regulations, chapter 10, governs payment of hostile fire pay/imminent danger pay. Prior to 31 December 2011, members eligible for imminent danger pay were paid the full monthly rate for any complete or partial month they served in a qualifying area. The 2012 National Defense Authorization Act modified imminent danger pay payments, limiting eligibility to only the actual days served in a qualifying area. 
 
//NOTHING FOLLOWS//