IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20070018866 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Southwest Asia as “1990 11 29 to 1991 06 25” instead of "1991 10 01 to 1992 06 25.”

2.  The applicant states that upon completion of her service in Saudi Arabia, and during her outprocessing phase, she was rushed through the Transition Center, and was too tired to notice this administrative error.  She further adds that she is now a disabled veteran with a 90 percent Veterans Administration (VA) disability rating, and that the period shown on her DD Form 214 would not qualify her for Combat Related Special Compensation (CRSC).  

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 November 2003.

	b.  Permanent Orders 15-2, dated 29 November 1990, Orders to Active Duty, and Orders 4-1, dated 22 May 1991, Amendment of Orders to Active Duty . 

	c.  Air Force (AF) Form 96 (Passenger Manifest), dated 2 January 1991.

	d.  Manifest Report, dated 25 June 1991.  

4.  On 24 April 2008, by fax, the applicant provided the following additional documentary evidence in support of her application:

	a.  Permanent Orders 22-47, dated 28 November 1990, Unit Attachment Orders.

	b.  Permanent Orders 22-21, dated 28 November 1990, Unit Mobilization Orders.

	c.  Permanent Orders 90-1, dated 2 July 1991, Release from Attachment Orders.  

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 records show that she enlisted in the Puerto Rico Army National Guard (PRARNG) on 12 April 1974.  She was subsequently ordered to initial active duty for training on 15 November 1974.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 75D (Personnel Records Specialist).  She was released from active duty and reverted back to her ARNG status on 25 March 1975.  She subsequently executed a series of extensions and/or reenlistments in the PRARNG and the U.S. Army Reserve (USAR).

3.  On 29 August 1989, she was ordered to active duty as a member of the Active/Guard Reserve (AGR) program and was subsequently assigned to Headquarters and Headquarters Detachment, 246th Quartermaster (QM) Battalion, PRARNG, Aguadilla, Puerto Rico (PR). 


4.  On 29 November 1990, Headquarters, 246th QM Battalion, Aguadilla, PR, published Orders 15-2, ordering the 246th QM Battalion and its members to active duty for a period of 180 days.  The 246th QM Battalion was assigned to the U.S. Army Forces Command (FORSCOM), with subsequent assignment to Fort Gillem, Georgia.

5.  AF Form 96, dated 2 January 1991, shows the applicant’s name was listed on the passenger manifest of a C-141 Starlifter that had Saudi Arabia as its destination.

6.  On 22 May 1991, 246th QM Battalion, Logistical Base Bravo, King Khalid Military City (KKMC), published Orders 4-1, amending the period of the 246th QM Battalion's call to active duty from 180 days to 365 days.  

7.  The applicant’s name appears on a Manifest Report, dated 25 June 1991, for an aircraft flight from Daharan, Saudi Arabia, to Philadelphia, Pennsylvania. 

8.  On 2 July 1991, Headquarters, Fort McPherson, Fort McPherson, Georgia, published Permanent Orders 90-1, releasing the 246th QM Battalion from attachment, effective 5 July 1991, as part of Operation Desert Storm demobilization. 

9.  Subsequent to her redeployment, the applicant reverted back to her AGR status, where she executed a series of reenlistments and/or extensions in the AGR program, until she was honorably released from active duty on 4 November 2003.

10.  Item 18 (Remarks) of the DD Form 214 the applicant was issued at the time shows the entry “Service in Southwest Asia 19911001 to 19920625.” 

11.  Item 13 (Decorations Medals, Badges, Citations and Campaign Ribbons and Badges Awarded or Authorized) of the applicant’s DD Form 214 shows that the applicant was awarded, among other awards, the Southwest Asia Service Medal with three bronze service stars.  

12.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).
13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation further 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.  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 for example, YYYYMMDD – YYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was mobilized as a member of a Reserve unit on 29 November 1990 for potential deployment to Saudi Arabia in support of Operations Desert Shield/Storm.  However, she departed the United States with her Reserve unit on a U.S. Air Force C-141 Starlifter, enroute to Saudi Arabia, on 2 January 1991.  The evidence of record further shows she departed Saudi Arabia, enroute to Philadelphia, Pennsylvania, on 25 June 1991.

2.  The evidence of record further shows that the applicant was awarded three bronze service stars with her Southwest Asia Service Medal, indicating she participated in the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).  She could not have been awarded three bronze service stars if her dates of service were from 1 October 1991 to 25 June 1992, as currently shown on her DD Form 214.

3.  In view of the foregoing evidence, it appears that the applicant served in Southwest Asia from 2 January 1991 to 25 June 1991 and is therefore entitled to correction of her record to show the correct dates of service.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "Service in Southwest Asia from 1991 11 01 to     1992 06 25" from Item 18 (Remarks) of the applicant's DD Form 214, dated 4 November 2003; and 

	b.  adding the entry "Service in Southwest Asia from 1991 01 20 to        1991 06 25" to Item 18 of her DD Form 214, dated 4 November 2003.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of her service in Southwest Asia during the period 29 November 1990 to 25 June 1991.



							XXX
       _    _______  ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070018866



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ABCMR Record of Proceedings (cont)                                         AR20070018866



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