RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 November 2007
DOCKET NUMBER: AR20070010164
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Eric Andersen
Chairperson
Mr. Donald Lewy
Member
Ms. Rea 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he served in Southwest Asia (Saudi Arabia).
2. The applicant states, in effect, that his tour in Southwest Asia was not recorded on his DD Form 214. He served in Southwest Asia during Desert Storm from 29 November 1990 to 20 May 1991. He went on leave to the United States for three weeks and returned to Dhahran, Saudi Arabia on 22 July 1991 where he served until 12 September 1991. He states that once he returned to Fort Bragg, North Carolina his unit deactivated, so he believed the information was never recorded. He did not find the error until the Veterans Administration notified him that there were no records of his tour in Southwest Asia.
3. The applicant provides a copy of a written statement; travel voucher, memoranda with the Subjects: Recommendation for Promotion, Verification of tour in Southwest Asia for Operation Desert Shield/Storm, and Addition to Item
27, DA Form 2-1 for Enlisted Personnel; Letter of Commendation; Headquarters, 229th Transportation Center Permanent Orders 1-19 dated 25 July 1991; three Operation Desert Storm Certificates; and a Military Airlift Command (MAC) Boarding Pass/Ticket.
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 applicants 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 applicants 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 military service records show that he entered active duty on 22 February 1973. He completed all the necessary training and was awarded the military occupational specialty (MOS) 64C (Motor Transport Operator).
3. According to item 5 (Oversea Service) of the applicant's DA Form
2-1 (Personnel Qualification Record-Part II) he served a tour with Headquarters, 229th Transportation Center (MC), in Nellingen, Germany during the period
31 December 1989 to 4 September 1991.
4. The memorandum with Subject: Addition to Item 27, DA Form 2-1 for Enlisted Personnel shows that the applicant's name was among those personnel who were authorized "Duty in imminent danger pay area for (Southwest Asia) from
29 November 1990 to 20 May 1991.
5. The statement that the applicant submitted reiterated that he did serve in Southwest Asia (Saudi Arabia).
6. Item 18 (Remarks) of the applicant's DD Form 214 shows no entry that pertains to the applicant's foreign service tour for Southwest Asia (Saudi Arabia).
7. Army Regulation 635-5 (Separation Documents), at the time of the applicant separation, states, in pertinent part, that item 18 (Remarks) of the DD Form
214 do not require an entry for serving overseas while on active duty. Current regulations direct that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item
18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he served a tour in Southwest Asia (Saudi Arabia).
2. The evidence shows that the applicant served a tour in Southwest Asia (Saudi Arabia) during the period 29 November 1990 to 20 May 1991. Therefore, as an exception to policy in this case, in the interest of justice, it would be appropriate to include the entry, "Service in Southwest Asia (Saudi Arabia)
19901129 19910520" in item 18 (Remarks) of the applicant's DD Form 214.
BOARD VOTE:
__EA ___ __DL ___ ___RN __ 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 showing in item 18 (Remarks) of the applicant's DD Form 214 "Service in Southwest Asia (Saudi Arabia) 19901129 19910520."
______Eric Andersen_______
CHAIRPERSON
INDEX
CASE ID
AR20070010164
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071120
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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