IN THE CASE OF:
BOARD DATE: 12 November 2008
DOCKET NUMBER: AR20080011251
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 dates of service in Southwest Asia in block 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states, in effect, that his dates of service in Southwest Asia in block 18 on his DD Form 214 are incorrect. He contends that he served in Southwest Asia from 3 December 1990 to 16 May 1991. He believes this was an administrative error utilizing an outdated and incorrect DA Form 2-1 (Personnel Qualification Record).
3. The applicant provides no additional evidence 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 enlisted in the Regular Army on 3 August 1984. He trained as a military police and remained on active duty through continuous reenlistments until he retired on 31 August 2004 in the rank of sergeant first class.
3. Block 18 on the applicants DD Form 214 shows, in pertinent part, the entry, SERVICE IN SOUTHWEST ASIA 19910116-19910228.
4. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/
Desert Storm Data Base. The primary Desert Shield/Desert 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 compiled by the Defense Manpower Data Center (DMDC) shows the applicant served in Southwest Asia from 13 February 1991 to 16 May 1991.
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 block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends that he served in Southwest Asia from
3 December 1990 to 16 May 1991, the DMDC shows that he served in Southwest Asia from 13 February 1991 to 16 May 1991.
2. The entry from the DMDC is accepted as sufficient evidence on which to amend block 18 on the applicants DD Form 214. Therefore, block 18 on the applicants DD Form 214 will be corrected to show he served in Southwest Asia from 13 February 1991 to 16 May 1991.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___XX_____ ____XX____ ____XX____ GRANT PARTIAL RELIEF
________ ________ ________ 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:
a. deleting the entry, SERVICE IN SOUTHWEST ASIA 19910116-19910228 in block 18 on his DD Form 214; and
b. adding the entry, SERVICE IN SOUTHWEST ASIA FROM 19910213-19910516 in block 18 on his 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 amending block 18 on his DD Form 214 to show he served in Southwest Asia from 3 December 1990 to
16 May 1991.
_______XXX_______________
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) AR20080011251
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ABCMR Record of Proceedings (cont) AR20080011251
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