IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20080000059
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, in effect, correction of item 18 (Remarks), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show that he served in Saudi Arabia.
2. The applicant states, in effect, that item 18, of his DD Form 214, should show his service in Saudi Arabia.
3. The applicant provides a copy of his DD Form 214 and a copy of his Narrative Summary (Medical Record Report), dated 27 November 1990, in support of his request.
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 enlisted in the Regular Army on 14 October 1986. He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B. He was promoted to pay grade E-4 on 1 November 1988.
3. The applicant served until he was honorably discharged on 21 February 1991 under the provision of Army Regulation 635-40, paragraph 4-24e(3), for disability with severance pay.
4. A printout from the Gulf War Deployment Roster shows that the applicant served in Saudia Arabia from 1 August 1990 to 30 September 1990.
5. A review of the applicant's Narrative Summary (Medical Record Report) prepared on 27 November 1990 shows that he was in Saudi Arabia.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
A review of the evidence provided confirmed the applicant's physical presence in Saudi Arabia. The evidence in this case is sufficient to support a correction to item 18, of his DD Form 214, showing the entry "SERVICE IN SAUDI ARABIA FROM 19900801 19900930."
BOARD VOTE:
___x____ ____x___ ____x___ 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 the entry, "SERVICE IN SAUDI ARABIA FROM 19900801 - 19900930" in item 18 (Remarks) of his DD Form 214.
___________x____________
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.
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