RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 April 2007
      DOCKET NUMBER:  AR20060013289


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, in effect, a correction to the entry regarding
Kuwait service contained in Item 18 (Remarks) of his 4 June 1991 Separation
Document (DD Form 214), as amended in a Correction to the DD Form 214 (DD
Form 215) issued on 11 May 1992.

2.  The applicant states, in effect, that he served in Kuwait for more than
the
8 days documented in Item 18 of his separation document.

3.  The applicant provides his 4 June 1991 DD Form 214 and 11 May 1992
DD Form 215 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 4 June 1991, the date of his release from active duty.
The application submitted in this case is dated 6 September 2006.

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's record shows that he served on active duty in the
Regular Army for 3 years from 24 July 1967 through 24 July 1970, in the
United States Army Reserve (USAR) from 25 July 1970 through 24 July 1979,
and again from 24 June 1980 through 15 May 1990.  He enlisted in the
Massachusetts Army National Guard (MAARNG) on 16 May 1990.

4.  On 21 November 1990, while serving in the MAARNG, the applicant was
ordered to active duty in support of Operation Desert Shied/Desert Storm.
He remained on active duty for 6 months and 14 days until being honorably
released from active duty and returned to the MAARNG on 4 June 1991.  The
DD Form 214 he was issued at the time shows, in Item 12f (Foreign Service)
that he completed 3 months and 24 days of overseas service during the
period covered by the separation document.  Item 18 contains an entry
indicating he served in Southwest Asia (SWA) from 3 January 1991 through 6
May 1991.
5.  On 11 May 1992, a DD Form 215 was issued that made corrections in
Item 6 (Reserve Obligation Termination Date), Item 7b (Home of Record),
Item 12d (Separation Date This Period), Item 12e (Total Prior Inactive
Service), Item 13 (Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized), Item 18, Item 26 (Separation Code), and
Item 28 (Narrative Reason for Separation).  The Item 18 correction included
the following entry "Service in Kuwait 910302-910310", which indicates he
served in Kuwait for 8 days.

6.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Gulf War Roster.  This document
confirms the applicant served in Kuwait from 13 January 1991 through 6 May
1991.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains preparation instructions for the DD Form 214.  The
instructions for Item 18 state, in pertinent part, that for a Reserve
Soldier ordered to active duty and deployed to a foreign country, enter the
following three statements in succession:  (1) "ORDERED TO ACTIVE DUTY IN
SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section); (2) "SERVICE
IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -
YYYYMMDD)."; and (3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE
DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 18 correction related to his
Kuwait service contained on the DD Form 215 issued on 11 May 1992 was in
error was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was ordered to active
duty in support of Operation Desert Shied/Desert Storm on 21 November 1990,
and that he served in SWA for 3 months and 24 days from 13 January through
6 May 1991, as evidenced by Item 12f and Item 18 of his original 4 June
1991 DD Form 214 and by the DA Gulf War Roster.  Therefore, his original DD
Form 214 accurately reflected this service with the following entries: Item
12f - "00  03  24"; and Item 18 - "Ordered to Active Duty in Support of
Operation Desert Shield/
Desert Storm IAW 10 USC 672", "Individual Completed Period For Which
Ordered to Active Duty for Purpose of Post-Service Benefits and
Entitlements", and "Service in South West Asia 910113-910506."

3.  In view of the fact that the applicant's SWA service was properly
documented on the original DD Form 214, the entry regarding Kuwait service
contained in the DD Form 215 issued to the applicant was erroneous and
should be deleted at this time.

BOARD VOTE:

___JTM _  __TMR__  __RMN__  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by deleting the Item 18 entry regarding
Kuwait service contained in the 11 May 1992 DD Form 215 issued to the
applicant; and by providing him a correction to his separation document
that reflects this change.




                            _____John T. Meixell____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013289                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/06/04                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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