IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140014321 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Saudi Arabia during Operation Desert Shield/Storm and his awards.

2.  The applicant states that he was assigned to Germany when he was transferred to Saudi Arabia during Operation Desert Shield/Storm during the period of April to October 1991; however, his DD Form 214 does not reflect his service in Southwest Asia (SWA) or the awards authorized for that service.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 5 July 1990 for a period of 4 years and training as a combat signaler.  He completed his basic training at Fort Jackson, South Carolina and his advanced individual training at Fort Gordon, Georgia and was transferred to Germany on 29 December 1990.

3.  He departed Germany on 1 January 1993 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) due to completion of required service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon and a marksmanship badge.  His DD Form 214 does not reflect any service in SWA.

4.  A review of his official records as well as the Gulf War deployment roster fails to show any indication of the applicant deploying to SWA.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and provides all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f and for item 18 for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim of service in SWA is not in doubt, he has failed to show through the evidence of record and evidence submitted with his application any evidence to support his claim.

2.  Therefore, absent evidence to verify his service in SWA, there appears to be no basis for granting his request. 

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 that 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)                                         AR20140014321



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ABCMR Record of Proceedings (cont)                                         AR20140014321



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