IN THE CASE OF:
BOARD DATE: 10 March 2009
DOCKET NUMBER: AR20080014972
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, in effect, that his deployment to Southwest Asia (SWA) in support of Operation Desert Shield/Storm be annotated on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that his DD Form 214 reflects his awards for his service in support of Operation Desert Shield/Storm. However, item 18 (Remarks) of his DD Form 214 is void of any entry showing his period of service in SWA. He further states that Pennsylvania has a bonus program for veterans of the first gulf war; however, the period of service in SWA must be annotated on the DD Form 214 in order to qualify for the bonus program.
3. The applicant provides a self-authored statement and a copy of his DD Form 214 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 applicants record shows he enlisted in the Regular Army and entered active duty on 20 July 1989. He was trained in, awarded, and served in military occupational specialty 13F (Fire Support Specialist).
3. On 29 November 1992, the applicant was honorably released from active duty after completing a total of 3 years, 4 months, and 10 days of active military service. The DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure: Army Good Conduct Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Air Assault Badge, Kuwait Liberation Medal (Saudi Arabia), Army Achievement Medal (2nd oak leaf cluster), and Army Commendation Medal (1st oak leaf cluster). Item 18 contains no entry indicating that he served in SWA.
4. In connection with the processing of this case, a member of the Board staff reviewed the Department of the Army Operation Desert Shield/Storm Personnel Roster. This search confirms the applicant served in SWA from 1 October 1990 through 31 March 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted/Officer Record Brief, or any other document authorized for filing in the official military personnel file.
6. The instructions contained in the separation documents regulation for completion of item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he served overseas in SWA in support of Operation Desert Shield/Storm was carefully considered and found to have merit. The evidence of record confirms he served in SWA from 1 October 1990 through 31 March 1991, as evidenced by the Department of the Army Operation Desert Shield/Storm Personnel Roster, which is the official source of SWA service dates.
2. By regulation, the deployed service of an active duty Soldier should be documented with an entry in item 18 of the DD Form 214. In this case, the entry "SERVICE IN SOUTHWEST ASIA FROM 901001-910331" should be added to item 18 of the applicant's DD Form 214 to document his service in SWA in support of Operation Desert Shield/Storm.
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 amending his 29 November 1992 DD Form 214 by adding in item 18 the entry "SERVICE IN SOUTHWEST ASIA 901001-910331" and by providing him a correction to his separation document that includes this change.
_________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) AR20080014972
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