RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 August 2007
DOCKET NUMBER: AR20070002762
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Ernestine I. Fields
Member
Mr. Randolph J. Fleming
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 in Southwest Asia (SWA) from January-June 1995.
2. The applicant states he served in SWA on three occasions October 1990-March 1991, June-November 1992, and January-June 1995. He adds the last period of SWA service is not listed on his DD Form 214.
3. The applicant provided a copy of the DA Form 638 (Recommendation for Award) for the Army Achievement Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 12 May 1997, the date of his release from active duty. The application submitted in this case is dated 13 February 2007.
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 applicants failure to timely file.
3. The applicant's records show that he enlisted in the Regular Army on 7 November 1989. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 24T (Patriot Operator System Mechanic). Records further show that the applicant was honorably released from the Army on 12 May 1997 and the highest grade he held during his military service was specialist/pay grade E-4.
4. Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows the applicant served in Saudi Arabia during the period 20 October 1990 through 15 March 1991 and during the period 26 June 1992 through 16 November 1992; and in Germany during the period 18 October 1993 through 14 March 1997.
5. Item 18 (Remarks) of the applicant's DD Form 214 lists the applicant's service in SWA during the periods 20 October 1990 through 15 March 1990 and 26 June 1992 through 16 November 1992.
6. The DA Form 638 submitted by the applicant shows that he was deployed in SWA during the period 11 January 1995 through 18 May 1995 as part of Task Force (TF) 5-7 Air Defense Artillery (ADA) Battalion.
7. Army Regulation 635-5 (Separations Documents) states, in pertinent part, that the "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11 (Primary Specialty), 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) or 14 (Military Education). For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed), From (inclusive dates), and To (inclusive dates).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to correction of his military records to show overseas service in South-West Asia during the period January-June 1995.
2. The applicant was stationed in Germany during the period 19 October 1993 through 14 March 1997; however the evidence of record shows he deployed with his unit from Germany to Saudi Arabia during the period 11 January 1995 through 18 May 1995. Therefore, he is entitled to correction of his records to show service in SWA during this period.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 May 1997; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 11 May 2000. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__lds___ __eif___ __rjf___ 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 showing service in Southwest Asia (SWA) from 11 January 1995 through 18 May 1995 in Item 18 of the DD Form 214.
Linda D. Simmons
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070002762
SUFFIX
RECON
DATE BOARDED
20070807
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
100.0200
2.
3.
4.
5.
6.
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