IN THE CASE OF: BOARD DATE: 18 FEBRUARY 2009 DOCKET NUMBER: AR20080018113 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 her Gulf War service be reflected in Block 18 (Remarks) on her 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states that Block 18 does not show her dates of service in Operation Desert Shield/Storm between 22 September 1990 and 10 May 1991. 3. The applicant provides a copy of her DA Form 2-1 (Personnel Qualification Record) in support of her 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. Records available to the Board indicate the applicant entered active duty on 7 February 1985 and served continuously until she was released from active duty on 28 February 2005 by reason of sufficient service for retirement. 3. The applicant's DD Form 214 shows that she received the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal (Kuwait). There is no entry in Block 18 to show her service in Southwest Asia. 4. Item 5 (Overseas Service) on her DA Form 2-1 shows temporary duty in Saudi Arabia between 22 September 1990 and 10 May 1991. Item 27 (Remarks) shows receipt of imminent danger pay for the same period. 5. The applicant’s OMPF (Official Military Personnel File) contains an Army Commendation Medal recognizing the applicant’s meritorious service at Fort Eustis, Virginia between 10 May 1991 and 5 May 1993. Her file does not contain any individual decorations specifically associated with her service in Southwest Asia. 6. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/ Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from   2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995. 7. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 22 September 1990 to 30 April 1991. 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in Block 18 of his/her DD Form 214 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive date for example, YYYYMMDD – YYYYMMDD).” DISCUSSION AND CONCLUSIONS: 1. The applicant's records clearly show she participated in Operation Desert Shield/Storm. The discrepancy between the dates of deployment as reflected on the applicant’s DA Form 2-1 and the DMDC Desert Shield/Storm Date Base cannot be definitively explained. However, there is no reason to question the applicant’s contention that she was in fact deployed between 22 September 1990 and 10 May 1991. The fact that she received an Army Commendation Medal for a period commencing on 10 May 1991 that was not associated with her deployment tends to support the accuracy of the entries on her DA Form 2-1. As such, in the interest of justice and as a matter of equity, it would appropriate to accept her dates of deployment as 22 September 1990 to 10 May 1991 for the purpose of correcting her DD Form 214. 2. Army Regulation 635-5 provides for an appropriate entry in Block 18 of the DD Form 214 to reflect Gulf War service. Her DD Form 214 should be corrected as indicated below. BOARD VOTE: ________ ________ ________ 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 showing in Block 18 of his DD Form 214 the entry, "SERVICE IN SOUTHWEST ASIA FROM 19900922-19910510." _______ _ _______ ___ 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) AR20080018113 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080018113 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1