RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20070002811


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, that his 23 June 1991 separation
document (DD Form 214) be corrected to document his overseas service in
support of Operation Desert Storm.

2.  The applicant states, in effect, that he would like his 23 June 1991 DD
Form 214 to reflect the foreign service time when he was deployed in
support of Operation Desert Storm.  He would also like to have all the
information on his
DD Form 214 and on the two separation document corrections (DD Forms 215)
consolidated into one DD Form 214.

3.  The applicant provides the following documents in support of his
application:  Leave and Earnings Statements (LESs) for January through June
1991;
DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel);
23 June 1991 DD Form 214 and DD Form 215, dated 17 September 1992.

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's record shows that he enlisted in the Regular Army and
entered active duty on 24 June 1988.  He was trained in, awarded and served
in military occupational specialty (MOS) 98H (Morse Interceptor), and
specialist (SPC) was the highest rank he attained while serving on active
duty during this enlistment.

3.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 5 (Overseas Service) that he served in Saudi Arabia from December 1990
through May 1991.  Item 9 (Awards, Decorations & Campaigns) shows that he
has earned the following awards:  Army Service Ribbon (ASR); Army Good
Conduct Medal (AGCM); National Defense Service Medal (NDSM); Southwest Asia
Service Medal (SWASM) with 3 bronze service stars; Kuwait Liberation Medal-
Saudi Arabia (KLM-SA); Kuwait Liberation Medal-Kuwait (KLM-KU); and
Marksman Marksmanship Badge with Rifle and Grenade Bars.

4.  On 23 June 1991, the applicant was honorably separated after completing

3 years of active military service.  The DD Form 214 he was issued shows,
in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) as amended in DD Forms 215 issued on 17 September
1992 and 18 May 1993, that he earned the following awards:  NDSM; ASR;
AGCM; KLM-SWASM with 3 bronze service stars; and Marksman Marksmanship
Qualification Badge with Rifle and Grenade Bars.

5.  The applicant provides a DD Form 1610 that shows he was included in a
list of Soldiers authorized to travel to Saudi Arabia on or about 21
December 1990.  He also provides LESs for January through June 1991, which
indicate he received overseas and imminent danger pay during this period.

6.  During the review of this case, a member of the Board staff reviewed
the Department of the Army (DA) Gulf War Roster.  This roster contains an
entry on the applicant that confirms his dates of service in Southwest Asia
were from
22 December 1990 through 20 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 of Item 12f (Foreign Service) state to enter the total amount
of foreign service completed during the period covered by the DD Form 214.
The instructions for Item 18 (Remarks) state, in effect, that the entry
"SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example,
YYYYMMDD - YYYYMMDD)" will be made in this item for an active duty Soldier
deployed with his unit during the period covered by the DD Form 214.

8.  Paragraph 2-7 of the separation documents regulation contains guidance
on issuing and reissuing DD Forms 214.  It states, in pertinent part, that
a DD Form 214 will be reissued when two DD Forms 215 have been issued and
an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 23 June 1991 DD Form 214 should be
corrected to document his overseas service and a new DD Form 214 should be
issued consolidating the corrections made to his DD Form 214 was carefully
considered and found to have merit.

2.  By regulation, the total amount of overseas service completed during
the period covered by the DD Form 214 will be entered in Item 12f, and an
entry will be made in Item 18 for an active duty Soldier deployed with his
unit during the period covered by the separation document.

3.  The evidence of record in this case confirms the applicant was deployed
to Southwest Asia and served in Saudi Arabia for 4 months and 29 days, from

22 December 1990 through 20 May 1991.  This is evidenced by entries on his
DA Form 2-1 and on the DA Gulf War Roster.  Therefore, Item 12f and Item 18
of his DD Form 214 should be corrected accordingly.

4.  By regulation, a DD Form 214 will be reissued, when two DD Forms 215
have been issued and an additional correction is required.  The evidence of
record confirms DD Forms 215 correcting the applicant's 23 June 1991 DD
Form 214 were issued on 17 September 1992 and 18 May 1993.  Therefore,
since a further correction to the DD Form 214 is now required, it would be
appropriate to issue the applicant a new DD Form 214 consolidating all the
corrections required to his original DD Form 214.

BOARD VOTE:

___BPI  _  __TMR__  __GJP __  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending his 23 June 1991 DD Form 214 by deleting the current entry in Item
12f and replacing it with the entry "00  04  29" and by adding the entry
"SERVICE IN SAUDI ARABIA FROM 19901222-19910520" to Item 18; and by issuing
him a new DD Form 214 that includes these corrections and the corrections
previously accomplished in DD Forms 215 issued on 17 September 1992 and 18
May 1993.




                            _____Bernard P. Ingold____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002811                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/06/23                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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