RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 FEBRUARY 2005
      DOCKET NUMBER:  AR20040000316


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, 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 from August 1990 to May 1991.

2.  The applicant states that his whole unit was out of country.  He was
the base gunner during the war.

3.  The applicant provides a copy of his DD Form 214, a copy of an undated
memorandum, a copy of a 13 September 1991 statement, a copy of a roster,
and copies of two leave and earning statements (LESs).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 October 1991.  The application submitted in this case
is dated       1 April 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s DD Form 214 shows that he entered on active duty on
       6 October 1987 and was released from active duty on 5 October 1991
and transferred to an Army National Guard unit in North Carolina.  His DD
Form 214 shows that he served in Southwest Asia from 31 August 1990 to 2
April 1991 and was awarded the Southwest Asia Service Medal with two bronze
service stars.  That form also shows 7 months and 2 days of foreign
service.

4.  In an undated memorandum to the commander of the 82nd Airborne Division
finance and accounting office, a Soldier of the 2nd Battalion, 504th
Infantry, stated that the applicant was deployed to Saudi Arabia from 18
August 1990 to 2 April 1991.

5.  In a 13 September 1991 statement, an officer of the 18th Personnel
Group (Airborne) indicated that the applicant’s DD Form 214 was retyped
because of an administrative error, but did not indicate the error.
6.  The applicant’s name is listed on a roster, beside it with the
notation, “1AR901001910402WABATT0 11C1P.”

7.  The applicant’s LES for the period 1-31 October 1990 shows that he
received overseas pay and danger pay for August, September, and October
1990, with the overseas pay for August apparently being for a partial
month.

8.  The applicant’s LES for the period 1-31 January 1991 shows receipt of
danger pay and overseas pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he had served in Saudi Arabia from
August 1990 to May 1991 is not supported by the available evidence.

2.  The undated memorandum states that he was deployed from 18 August 1990
to 2 April 1991, the latter date coinciding with the termination date of
his service in Southwest Asia as shown on his DD Form 214.  Notwithstanding
the information provided in the above-mentioned memorandum, deployment
however, does not necessarily equate to service in Saudi Arabia.  His LESs,
while showing he received overseas pay and danger pay beginning in August
1990, again offers no clue as to the dates of his service in Saudi Arabia.


3.  The notation beside the applicant’s name on the roster provides no
evidence of his service in Saudi Arabia.  The notation after the first
three digits, “1AR,” could be deciphered to read 1 October 1990 to 2 April
1991, again not providing any clarification of his service in Saudi Arabia.


4.  The months and days of foreign service shown on his DD Form 214 equates
with the dates 31 August 1990 to 2 April 1991 indicated on that form.
Those dates are the only solid evidence regarding his dates of service in
Southwest Asia.

5.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.  Consequently, his request to correct
his    DD Form 214 is denied.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 October 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           4 October 1994.  However, the applicant did
not file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WM__  ___JM __  ___WP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____ Walter Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000316                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050205                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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