RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050008267


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBraler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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.  The applicant requests correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show his service during Desert
Shield/Desert Storm.

2.  The applicant states he served in Iraq in February 1991.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 October 1994.  The application submitted in this case is
dated 16 May 2005.

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 limitations 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 enlisted in the Regular Army on 1 November 1990 for a
period of four years.  He completed the required training and was awarded
military occupational specialty 13B (Cannon Crewmember).

4.  The Defense Manpower Data Center (DMDC) compiled the Desert
Shield/Storm Data Base.  The primary Desert Shield/Storm file 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.  A Phase II file lists active duty personnel
who served
in-theater between 1 August 1991 and 31 December 1993.  This database does
not show the applicant served during Desert Shield/Desert Storm.

5.  The applicant was discharged from active duty on 30 October 1994.  His
DD Form 214 does not show service in Southwest Asia (SWA) or any authorized
awards for service in SWA.


6.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation states, in pertinent part, that the country and dates of
deployment for an active duty Soldier deployed with his or her unit during
their continuous period of active service will be shown in item 18
(Remarks).

7.  Army Regulation 635-5 directs that foreign service performed during the
period covered by the DD Form 214 will be entered in item 12f (Foreign
Service).

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and the applicant has not provided any
evidence, which shows he served during Desert Shield/Desert Storm.
Therefore, there is insufficient evidence in which to base correction of
his DD Form 214 to show his dates of service in Iraq during Desert
Shield/Desert Storm.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 October 1994; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 October 1997.  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

KW______  DD______  QS______  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.




                                  Kenneth Wright________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008267                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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