IN THE CASE OF: BOARD DATE: 4 February 2010 DOCKET NUMBER: AR20090015539 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 foreign service credit for Operation Desert Storm/Desert Shield. 2. The applicant states that his DD Form 214 does not reflect his combat service tour during the Persian Gulf War Crisis in support of Desert Storm/Desert Shield. He states he served with Alpha Battery, 5th Battalion, 8th Field Artillery as a cannon crewman and that his permanent duty station was Fort Bragg. 3. The applicant does not provide any supporting documents with his 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 personnel record shows he enlisted in the Regular Army through the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 2 January 1990 for 3 years and 15 weeks. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewman). 3. The applicant was discharged from active duty under other than honorable conditions (UOTHC) on 22 October 1991. The DD Form 214 he was issued at that time shows that he completed 1 year, 4 months, and 7 days of net active service during this enlistment period. 4. Item 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 does not show any foreign service credit. Item 18 (Remarks) of his DD Form 214 does not contain an entry to show the location or the duration of the applicant's foreign service tour. 5. 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. 6. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 September 1990 to 27 March 1991. 7. On 11 July 2007, the Army Discharge Review Board upgraded his characterization of service from a UOTHC to under honorable conditions. 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f. In item 18 for active duty Soldiers deployed to a foreign country with their unit during their continuous period of active service to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.” DISCUSSION AND CONCLUSIONS: 1. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 September 1990 to 27 March 1991. Therefore, the applicant is entitled to have his record corrected to show this foreign service tour. 2. Based on the applicant's service in Saudi Arabia in support of Operations Desert Storm and Desert Shield, it is appropriate to include an entry in item 12f of his DD Form 214 with a separation date 22 October 1991 to show his foreign service credit as 6 months and 27 days. In addition, item 18 of his DD Form 214 should show his service in Saudi Arabia by adding the entry "SAUDI ARABIA: 1990/09/01 TO 1991/03/27." 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 making the following amendments to this DD Form 214 with a separation date of 22 October 1991: a. amend item 12f to show 6 months and 27 days; and b. amend item 18 to include "SAUDI ARABIA: 1990/09/01 TO 1991/03/27." _______ _ _X_____ ___ 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) AR20090015539 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090015539 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1