IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008414 


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 correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 November 1993 to show his deployment to Kuwait from 19 March to 31 July 1992.

2.  The applicant states he has a copy of his travel orders which show he was sent to Kuwait.

3.  The applicant provides a first endorsement to Travel Orders 1-028, 573rd Personnel Service Company, 18th Personnel and Administration Battalion, Fort Bragg, NC, dated 3 January 1992.

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.  He enlisted in the Regular Army on 17 July 1989.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 74F (Programmer/Analyst).

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was on temporary duty in Southwest Asia from 5 January to 15 June 1991.  There are no entries showing a specific deployment to Kuwait.

4.  On 12 November 1993, he was released from active duty.  Item 18 of his DD Form 214 documents his deployment to Southwest Asia from 5 January to 15 June 1991.  However, there is no entry showing a specific deployment to Kuwait.

5.  The document he submitted is the first endorsement to Travel Orders 1-028.  It is addressed to him in Kuwait and is dated 19 March 1992.  The endorsement adds additional instructions including identifying requirements to be completed upon his return to the United States.

6.  Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country to which deployed and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 2-1 does not show he served in Kuwait from 19 March to 31 July 1992.  The form does show his deployment to Southwest Asia and this deployment is properly annotated on his DD Form 214.

2.  The first endorsement to Travel Orders 1-028 does not show the dates he was deployed to Kuwait.  The endorsement is addressed to him in Kuwait and is dated 19 March 1992.  Therefore, it appears he was in Kuwait in March 1992.  However, there is no evidence of the exact dates he was in Kuwait.

3.  Without the exact dates of his deployment to Kuwait, there is insufficient information to add the deployment to his DD Form 214.


BOARD VOTE:

________  ________  ________  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.



      _____________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)                                         AR20110008414



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ABCMR Record of Proceedings (cont)                                         AR20110008414



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