IN THE CASE OF:	  

		BOARD DATE:	  31 July 2008

		DOCKET NUMBER:  AR20080007970 


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, that Item 18 (Remarks) of his separation document (DD Form 214) be corrected to show he served in Southwest Asia during the period 27 December 1990 to 7 May 1991.

2.  The applicant states that he was issued a DD Form 215 (Correction to DD Form 214) for the period ending 1 June 1991, that shows he served in Southwest Asia during the period of 14 January 1991 to 7 May 1991.  However, he was in command of the advanced party of the 300th Field Hospital, when he led a team of 20 Soldiers into Saudi Arabia on 27 December 1990.  He states that he served in Saudi Arabia from 27 December 1990 to 7 May 1991.  The main body arrived in Saudi Arabia on 14 January 1991 and they served until 7 May 1991.  

3.  The DD Form 215 that was issued on 13 August 1992 did not correct the foreign service entered in Item 18 of his DD Form 214.

4.  The applicant provides a copy of DD Form 214 for the period ending 1 June 1991 and a DD Form 215, dated 13 August 1992; corrected copy of Department of the Army, Headquarters, First U.S. Army and Fort George G. Meade, Orders Number 248-21, dated 24 December 1990; and a Passenger Manifest dated  
27 December 1990.

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 military personnel record shows he was appointed as a Reserve Component officer in the U.S. Army in the rank as second lieutenant on 26 May 1974.  He was ordered to active duty on 9 July 1974 and served until he was released from active duty and transferred to a Reserve troop program unit on 8 July 1976.  He was promoted to first lieutenant on 6 June 1977, captain on  
3 June 1981, major on 9 September 1988, and lieutenant colonel on 12 June 1995.

3.  The applicant was promoted to colonel on 2 July 2000 and was assigned to the Retired Reserve, St. Louis, Missouri, effective 8 December 2003.

4.  Orders Number 248-21, dated 24 December 1990 and the Passenger Manifest, dated 27 December 1990 shows that the applicant was attached to ARCENT (U.S. Army Central Command), effective 26 December 1990 for an indefinite period in support of Operation Desert Shield.  

5.  He was released from active duty and transferred to the 300th Field Hospital, Ashley, Pennsylvania on 1 June 1991.

6.  Item 18 of his DD Form 214 for the period ending 1 June 1991 and DD Form 215 dated 13 August 1992 contain the entry that the applicant served in Southwest Asia from "910114 to 910507" in support of Operation Desert Shield/Desert Storm.

7.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "00 03 24 [Year(s), Month(s); Days(s)]."

8.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, states, in pertinent part, that item 18 of the DD Form  
214 does not require an entry for serving overseas while on active duty.  This regulation directs that foreign service performed during the period covered will be entered in item 12f of the DD Form 214.

9.  Current regulation states, in pertinent part, that for Soldiers on active duty deployed to a foreign country with his or her unit during their continuous period of active service you enter in the remarks section of the DD Form 214 the entry "Service in (Name of the country deployed) From (inclusive dates YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 18 DD Form 214 should be corrected to show he served in Southwest Asia during the period 27 December 1990 to 7 May 1991.

2.  The evidence shows that he was attached to ARCENT, effective  
26 December 1990 for an indefinite period in support of Operation Desert Shield. He was listed as Troop Commander on a Passenger Manifest, dated  
27 December 1990.

3.  Therefore, it is reasonable to conclude that the entry “Service in Southwest Asia from 910114 to 10507,” recorded in Item 18 of his DD Form 214 for the period ending 1 June 1991 is incorrect.  Item 18 of his DD Form 214 for the period ending 1 June 1991 should show the entry as Service in Southwest Asia from 19901227 - 19910507.

4.  As a result of this correction, Item 12f of his DD Form 214 for the period ending 1 June 1991 should show 4 months and 11 days of foreign service.

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 

	a.  deleting from Item 12f of the applicant’s DD Form 214 the entry
“3 Month(s) and 24 Day(s)”;

	b.  deleting from Item 18 of the applicant’s DD Form 214 the entry “Service in Southwest Asia from 910114 to 910507”;

	c.  showing in Item 12f of the applicant’s DD Form 214 for the entry “4 Months and 11 Day(s)”; and

	d.  adding in Item 18 of the applicant’s DD Form 214 the entry “Service in Southwest Asia From 19901227 – 19910507.”



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20080007970



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ABCMR Record of Proceedings (cont)                                         AR20080007970



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