IN THE CASE OF:	  

		BOARD DATE:	       12 February 2009

		DOCKET NUMBER:  AR20080015994 


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 her Certificate of Release or Discharge from Active Duty (DD Form 214) ending on 14 February 1991, to show her service during Desert Shield/Desert Storm.

2.  The applicant states, in effect, that she served in support of Desert Shield/Desert Storm from 27 August to November 1990; however, her DD Form 214 does not contain a record of this service. 

3.  The applicant provides, in support of her application, copies of her two 
DD Forms 214 with correction (DD Form 215), photo copies of nine envelopes showing her address at the time, American Red Cross Loan Record, separation orders, Application for Assignment/Deletion/Deferment for Extreme Family Problems (DA Form 3739), and Leave and Earnings Statement (DA Form 3686).  

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.  On 8 September 1988, the applicant enlisted in the Regular Army.  She completed her initial training and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).

3.  On or about 10 February 1989, the applicant was assigned for duty in the Republic of Korea.  Her ultimate assignment was as a cook with the 227th Maintenance Company.  She was subsequently reassigned to the 595th Maintenance Company on 21 February 1989.

4.  On 9 February 1990, the applicant returned to the United States for duty as a cook with Company F, 724th Support Battalion, Fort Stewart, Georgia.  She had served overseas for a period of 1 year and 1 day.

5.  The applicant's Leave and Earnings statement for the month of November 1990 shows that she had been on temporary duty since 1 September 1990 and was drawing danger pay.

6.  The Gulf War Deployment Roster shows the applicant's dates of deployment from 1 October to 30 November 1990, a period of 3 months.

7.  An envelope provided by the applicant shows that it was post marked on 
28 September 1990 and addressed to her at "F Company, 724th Support Battalion, Desert Shield/Laser Victory, APO NY 09315."  

8.  On 14 February 1991, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  She had attained the rank of specialist, pay grade E-4, and had completed 
2 years, 5 months, and 7 days of creditable active duty service.

9.  Item 12 (Record of Service) of the applicant's DD Form 214 ending on 
14 February 1991 shows her foreign service as 1 year and 1 day.  Item 
18 (Remarks) of this same form, does not indicate that she was deployed during this period of service.

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f (Foreign Service) of the total amount of foreign service completed during the current period of active duty.  It further provides that Item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

12.  On 2 October 2000, the applicant reenlisted in the Regular Army and subsequently completed the Health Care Specialist Course and was awarded MOS 91W.  On 1 August 2003, she attained the rank of specialist five, pay grade E-5.  

13.  On 10 July 2005, the applicant was discharged due to physical disability.  She had completed a total of 7 years, 2 months, and 16 days of creditable active duty service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her overseas deployment in support of Desert Shield/Desert Storm was not included on her DD Form 214 ending on 
14 February 1991.

2.  The available evidence clearly shows that the applicant served overseas in the Republic of Korea for a period of 1 year and 1 day.  Her Leave and Earnings Statement shows that she was on temporary duty beginning 1 September  and that she received danger pay.  Her mail indicates that she was in the Gulf War Theater in September 1990.  The Gulf War Roster shows that she was deployed from 1 October to 30 November 1990.  This evidence sufficiently supports the applicant's contention that she served in the Gulf War theater for more than two months.  Therefore, the applicant's DD Form 214 for this period of service should be corrected to show a total of 1 year, 3 months, and 1 day of foreign service.

3.  Furthermore, the Remarks block of this DD Form 214 should be corrected to show her deployed service in Saudi Arabia from 1 September 1990 to 
30 November 1990.

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:

	a.  showing in Item 12f (Foreign Service) of her DD Form 214 ending on 
14 February 1991: 1 year, 3 months, and 1 day; and

	b.  adding in Item 18 (Remarks): Service in Saudi Arabia: 19900901 - 19901130.





      _______ _ 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)                                         AR20080015994





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ABCMR Record of Proceedings (cont)                                         AR20080015994



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