IN THE CASE OF:	  

		BOARD DATE:	        17 MARCH 2009

		DOCKET NUMBER:  AR20080018396 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Operations Desert Shield and Desert Storm.

2.  The applicant essentially states that he served in combat during Operations Desert Shield and Desert Storm and would like to have his combat service documented on his DD Form 214.

3.  The applicant provides a letter, dated 29 September 2008, from the Army Review Boards Agency Congressional and Special Actions Branch; a Department of Veterans Affairs (DVA) Persian Gulf Registry Code Sheet; orders and a certificate for the Army Commendation Medal; certification that he completed a 4-hour Hazardous Cargo Certification Program; a letter, dated 22 November 2000, from the DVA with accompanying information on DVA enrollment and priority groups; a letter, dated 17 June 1995, from the DVA; and his promotion certificate to specialist four in support of this application.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he enlisted in the Regular Army on 7 August 1989.  He completed basic and advanced individual training and was awarded military occupational specialty 67S (OH-58D Helicopter Repairer).  He then served in Germany for 2 years and was subsequently reassigned to Hunter Army Airfield, Georgia, in February 1992.  On 22 December 1992, he was discharged under other than honorable conditions in the rank of private/E-1 due to misconduct for commission of a serious offense, but his discharge was subsequently upgraded to a general discharge under honorable conditions by the Army Discharge Review Board in 2008.

3.  Item 18 (Remarks) of the applicant's DD Form 214 does not show that he served in Southwest Asia during Operations Desert Shield and Desert Storm, but information retrieved from the Gulf War Deployment Roster shows that he deployed to Southwest Asia from 1 January 1991 to 15 May 1991.

4.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.  However, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)";

	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"; and

	c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Operations Desert Shield and Desert Storm.

2.  The evidence of record clearly shows that the applicant served in Southwest Asia from 1 January 1991 to 15 May 1991.  Although it cannot be conclusively determined what country or countries that the applicant served in during his deployment to Southwest Asia based upon the limited information in his military records, it would be appropriate to add an entry in item 18 of his DD Form 214 showing that he served in Southwest Asia from 1 January 1991 to 15 May 1991.

BOARD VOTE:

____X____  __X______  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 adding the following entry to item 18 of his DD Form 214:  "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910515."



      _________XXX________________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080018396



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ABCMR Record of Proceedings (cont)                                         AR20080018396



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