IN THE CASE OF:	  

		BOARD DATE:	       18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013996 


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 service in Southwest Asia (SWA) be reflected in Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he served in Desert Storm/Desert Shield (sic) from September 1990 to late March/early April 1991. 

3.  The applicant provides a copy of a Headquarters, XVIII Airborne Corps, Saudi Arabia Operation Desert Storm Certificate; a copy of an envelope, dated
12 December 1990; and a copy of an article in The Mount Vernon Optic-Herald, dated 25 April 1991.

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 served in the Regular Army from 1 May 1990 through 18 May 1993.

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.  The applicant's name does not appear on The Desert Shield/Storm Data Base.  

5.  A thorough search of the applicant's official record on the Integrated Personnel Electronic Records Management System (iPerms) was made and it did not contain the applicant's dates of assignment in SWA. 

6.  The applicant provided a copy of a Headquarters, XVIII Airborne Corps, Saudi Arabia Operation Desert Storm Certificate indicating that he served with distinction to achieve the freedom from tyranny in support of Operation Desert Storm.  This certificate does not contain the applicant's inclusive dates of assignment in SWA.

7.  The applicant provided a copy of an article from the The Mount Vernon Optic-Herald which reports that a welcome home salute was given to the applicant on 18 April 1991, following his return from service in the liberation of Kuwait.

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It directs that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYYMMDD format.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Regular Army from 1 May 1990 through 18 May 1993.

2.  Army Regulation 635-5 directs that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed and the inclusive dates of deployment.  In the applicant's case, the specific dates of assignment in SWA are unknown and the DMDC Desert Shield/Storm Data Base does not list his name.  He alleges that he served in SWA from the end of September 1990 through late March/early April 1991; however, he was unable to provide his inclusive dates of assignment at this time.  The certificate he provided showing he participated in Operation Desert Storm does not show his inclusive dates of deployment to SWA.  

3.  Given the above and the regulatory guidance in evidence, there is insufficient information upon which to grant the applicant's request at this time.  There have been instances when Soldiers have participated in Desert Shield/Storm and their names have not been listed on the DMDC Desert Shield/Storm Data Base.  In those cases, applicants have provided clear and convincing evidence of their participation in Desert Shield/Desert Storm through corroborating evidence, such as an affidavit from the Defense Finance and Accounting Service (DFAS) showing the dates they received hazardous hostile fire pay/imminent danger pay (HFP/IDP) or copies of their Leave and Earnings Statements (LESs) showing their HFP/IDP pay.  If the applicant discovers additional corroborating evidence to show his inclusive dates of assignment in SWA at a future date, he may resubmit his request to this Board.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement at this time.

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.




      _______ _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)                                         AR20080013996



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ABCMR Record of Proceedings (cont)                                         AR20080013996



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