IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080008693
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:
a. his service in Southwest Asia (SWA) be reflected in Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty); and
b. Item 4 (Pay Grade) of his DD Form 214 be corrected to show he was a specialist/E-4.
2. The applicant states, in effect, that his service in SWA is not shown on his DD Form 214. He contends that he was informed while serving in the U.S. Army Reserve (USAR) that he was promoted to specialist/E-4 prior to his discharge from active duty and the promotion was just slow catching up with him.
3. The applicant did not provide additional documentary evidence in support of this 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 served in the Regular Army from 14 September 1989 through
9 December 1991.
3. Item 18 of the applicant's DD Form 214 does not show the applicant's service performed in SWA.
4. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between
2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between
1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.
5. The Desert Shield/Storm Data Base files shows the applicant served in SWA from 1 August 1990 through 9 March 1991.
6. On 15 June 1992, after his release from active duty and while serving in the USAR, the applicant was advanced to specialist/E-4.
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 preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant, as a member of the Regular Army, served in SWA from
1 August 1990 through 9 March 1991. This information was verified through the Desert Shield/Storm Data Base files. Therefore, he is entitled to have his record corrected to show this service.
2. The applicant was promoted to specialist/E-4 after his release from active duty. Therefore, he was a private first class/E-3 at the time of his separation, which is properly shown on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
____X___ ___X____ ___X___ 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 adding "SERVICE IN SOUTHWEST ASIA FROM 900801-910309" in Item
18 (Remarks) of the applicant's DD Form 214.
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 changing his grade to specialist/E-4 on his 9 December 1991 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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