IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080011712
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is a Desert Storm veteran.
2. The applicant states, in effect, his DD Form 214 does not show he is a Desert Storm veteran and he is unable to receive the 5 point preference for a government job or the veterans' preference for reduction in force. He argues that Desert Storm started in August 1990 and he enlisted in the Army in October 1990. He continues that Desert Storm lasted until January 1991 and he stayed in the Army until honorably discharged in July of 1993. He concludes the regulation clearly states that since he served during the Desert Storm period he is a veteran of this campaign.
3. The applicant provides a DD Form 214 and a U.S. Office of Personnel Management Standard 50 (Notification of Personnel Action) 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 enlisted in the Regular Army on 10 October 1990 and trained as a Bradley Fighting Vehicle System Mechanic. He was released from active duty on 28 July 1993.
3. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Desert Storm Database. 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 National Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991.
4. The Desert Shield/Desert Storm Database does not show the applicant served in the Southwest Asia theater of operations.
5. Army Regulation 635-5 (Separation Document) 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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's contention that his DD Form 214 should be corrected to show that he is a Desert Storm veteran has been carefully reviewed and found to be without merit.
2. The applicant clearly served in the Army during the period 10 October 1990 through 28 July 2003. However, there is no evidence in the available records that shows he was deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm.
3. The ABCMR does not correct records for the sole purpose of obtaining employment or benefits. It is recommended that the applicant provide a copy of his DD Form 214 to the appropriate civilian personnel office to show he served on active duty during the Gulf War Era and to request additional benefits based on his military service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x___ ___x____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20080011712
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080011712
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080019603
The applicant requests award of the Southwest Asia Service Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 April 1991 to show that he was awarded the Army Commendation Medal (ARCOM). Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army Soldiers who participated in Operations DESERT SHIELD and DESERT STORM in...
ARMY | BCMR | CY2002 | 2002074954C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. There is no evidence in the...
ARMY | BCMR | CY2002 | 2002071163C070402
The applicant states that her DD Form 214 does not show her dates of service in Southwest Asia from 11 January 1991 through 20 February 1991. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. Therefore, it would be appropriate to correct the applicant’s...
ARMY | BCMR | CY2009 | 20090011867
The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) denial of his request for medical retirement. He also requests reconsideration of the dates entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) showing his service in Southwest Asia. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military...
ARMY | BCMR | CY2006 | 20060007195C070205
A DD Form 215, dated 23 March 1992, amended the applicant’s DD Form 214 for the period ending 1 March 1992, to show he entered active duty on 9 December 1991 and was released from active duty on 22 March 1992. However, except for the DD Forms 214, this Board does not have a record of what other active duty service the applicant may have. As a result, the Board recommends that the State Army National Guard records and all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080000696
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the dates of his foreign service. 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 his DD Form 214 for the period ending 30 June 2003 the entry "0000 00 00"; b. adding to item 12f of his DD Form 214 for the period ending 30 June 2003 the entry 0000 02 26; c. adding...
ARMY | BCMR | CY2015 | 20150002264
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 1991 to show: * wartime credit and decoration for service in the Republic of Korea * award of a Southwest Asia campaign decoration for service during Operations Desert Shield/Storm from 1990-1991 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military...
ARMY | BCMR | CY2008 | AR20080016908
Application for correction of military records (with supporting documents provided, if any). The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect his Desert Storm Duty. He states he was injured and processed out of the Army so fast his documentation failed to reflect his service in action. According to documents associated with his disability processing, the applicant underwent a Medical Evaluation Board (MEB) in Germany in July 1994.
ARMY | BCMR | CY2012 | 20120000221
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. Evidence of record shows he served in Southwest Asia and he participated in two designated campaigns in support of Operation Desert Shield/Desert Storm.
ARMY | BCMR | CY2014 | 20140019712
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm and all applicable awards for this period. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Block 13 of his DD Form 214 by adding the Southwest Asia Service Medal with two bronze service stars, the Kuwait...