IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080009522
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 his DD Form 214 (Certificate of Release or discharge from Active Duty) be corrected to show his period of service in the Persian Gulf as a separate entry.
2. The applicant states he needs the separate entry noted to receive State of Pennsylvania veteran's benefits. The State needs a notation showing his war time service separated from his period of service in Germany.
3. The applicant provides a copy of his DD Form 214.
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 on active duty from 30 August 1984 through 6 February 1992 for 7 years, 5 months, and 7 days, attaining the rank of specialist.
3. His DD Form 214 shows he had 3 years, 8 months, and 6 days of foreign service and his awards include the Southwest Asia Service Medal with two bronze service stars. It does not show his period of service during Operation Desert Shield/ Desert Storm.
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows service in Germany from 18 March 1986 through 14 March 1989 and in Saudi Arabia from 28 August 1990 through 5 May 1991. Block 27 (Remarks) also shows entitlement to Imminent Danger Pay for Southwest Asia from 28 August 1990 through 5 May 1991.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part it currently states that block 18 (REMARKS) is used for Headquarters, Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14. For an active duty Soldier deployed to an area for which imminent danger pay is authorized, the following entry is to be included: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant is shown to have served in Saudi Arabia during Operation Desert Shield/Desert Storm from 28 August 1990 through 5 May 1991.
2. Army Regulation 635-5 currently has a specific entry mandating a notation of service during a deployment.
3. Since the applicant's DD Form 214 does not have any entry of this nature, it is appropriate to apply current standards and show the current mandatory entry on his DD Form 214: It is appropriate to correct block 18 on his DD Form 214 to include the statement: "SERVICE IN SOUTHWEST ASIA FROM 19900828 - 19910505."
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 entering the statement to include the statement: "SERVICE IN SOUTHWEST ASIA FROM 19900828 - 19910505" at block 18 on 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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