IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080005693
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include his period of service during Operation Desert Storm.
2. The applicant states he needs the correction for the purpose of United States Postal Service employment.
3. The applicant provides copies of his DD Form 214, two Army Commendation Medal Certificates, and an Army Achievement Medal Certificate in support of his application.
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 entered active duty on 25 January 1984 and had four reenlistments.
3. The applicant's Army Achievement Medal was for the period from
28 December 1990 to 19 January 1991, and reflects his service while preparing his unit for deployment in support of Operation Desert Shield.
4. The first Army Commendation Medal was for the period from 26 December 1990 to 2 March 1991 and was for his service with Headquarters and Headquarters Company, 12th Engineer Battalion as the Communications Electronics Noncommissioned Officer during the unit's movement from Saudi Arabia to Kuwait.
5. The second Army Commendation Medal was for the period from 19 January 1991 to 19 May 1991 for service in Kuwait.
6. A review of the First Gulf War registry shows the applicant served in Saudi Arabia/Kuwait from 1 January 1991 through 19 May 1991.
7. 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 block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant served with Headquarters and Headquarters Company, 12th Engineer Battalion during Operations Desert Shield/Desert Storm with service in Saudi Arabia/Kuwait from 1 January 1991 through 19 May 1991.
2. Therefore, it is appropriate to correct the applicant's DD Form 214 to reflect his service in Saudi Arabia/Kuwait from 1 January 1991 through 19 May 1991.
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 adding to the applicant's 4 August 1998 DD Form 214 the entry "SERVICE IN SAUDI ARABIA/KUWAIT FROM 910101 - 910519."
___________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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