IN THE CASE OF:	  

		BOARD DATE:	  	   27 January 2009

		DOCKET NUMBER:  AR20080017797 


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, correction of the period and amount of foreign service in Southwest Asia (SWA) recorded on her separation document.

2.  The applicant states, in effect, that she served in SWA in support of Operation Desert Storm/Desert Shield from 25 September 1990 to 11 April 1991; however, her separation document only credits her with foreign service in SWA from 1 November 1990 to 11 April 1991.  The applicant also states that she had a copy of the orders from 514th Signal Company showing these dates, but cannot locate the orders.  She adds the orders should be in her military service records.

3.  The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 1 June 1995; Social Security Card, issued 19 February 2008; and State of North Carolina, Commercial Driver License, issued 28 February 2008.

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's military personnel records show she enlisted in the Army National Guard of the United States for a period of 8 years on 19 November 1987.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT)/pay grade O-1, effective 14 May 1989, and was ordered to active duty for a period of 3 years on 25 March 1990.  Upon completion of the Officer Basic Course, she was detailed to the Signal Corps.

3.  The applicant's military personnel records contain a DA Form 2A (Personnel Qualification Record, Part I), prepared 16 May 1994.  Section IV (Service Data), item 14 (DROS/DEROS [Date Returned from Overseas/Date Eligible to Return from Overseas]) shows a DROS of 11 April 1991.

4.  The applicant's military personnel records contain a DA Form 4037 (Officer Record Brief), prepared 9 November 1994.  Section I (Assignment Information), Overseas Duty, shows she was credited with 7 months of service in Saudi Arabia and given a DROS of 11 April 1991.  Section IX (Assignment History), in pertinent part, shows the applicant was assigned to Headquarters and Headquarters Company (HHC), 25th Signal Battalion, Fort Bragg, North Carolina, on 4 September 1990 and remained assigned to the unit for a period of 7 months.  This item also shows she was subsequently assigned to HHC, 25th Signal Battalion, Fort Bragg, North Carolina, on 11 April 1991.

5.  The applicant’s military personnel records are absent orders from the 514th Signal Company or any organization showing the dates of her deployment overseas.

6.  The applicant’s military personnel records contain a DD Form 214 that shows she entered active duty this period on 25 March 1990 and was honorably released from active duty on 1 June 1995.  At the time, she had completed 5 years, 2 months, and 7 days of net active service this period and 2 years, 4 months, and 6 days of total prior inactive service.  Item 12 (Record of Service), block f (Foreign Service), shows she completed 5 months and 11 days of foreign service.  Item 18 (Remarks), in pertinent part, contains the entry "//SERVICE IN SOUTHWEST ASIA 19901101-19910411//."

7.  Information retrieved from the Gulf War Deployment Roster shows that the applicant was deployed to SWA from 27 September 1990 to 12 April 1991.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 established 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, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

9.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's separation, contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  The instructions for item 12, block f, state to enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., item 12, block c).  Obtain the foreign service listed in Section I of the DA Form 4037 for officers or item 5 of the DA Form 2-1 for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ and/or OMPF.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their respective blocks.  The instructions also provide, in pertinent part, that a statement will be added to show service in the country deployed, along with the dates of service (e.g., Service in (name of country deployed) from (inclusive dates, for example YYYYMMDD - YYYYMMDD)).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her DD Form 214 should be corrected to show she served in SWA from 25 September 1990 to 11 April 1991.

2.  There is no evidence of record and the applicant provides insufficient evidence to support her claim that she deployed to SWA on 25 September 1990.

3.  The evidence of record shows the Gulf War Deployment Roster confirms that the applicant deployed to SWA on 27 September 1990.  The evidence of record also shows that the applicant served in SWA through 11 April 1991.  Thus, the preponderance of evidence of record shows that the applicant served in SWA from 27 September 1990 through 11 April 1991.  Therefore, it would be appropriate to correct item 18 of the applicant’s DD Form 214 to show she served in SWA from 27 September 1990 to 11 April 1991.

4.  The evidence of record shows that the applicant was credited with completing 5 months and 11 days of foreign service during the period of service under review.   However, computation of the period of service the applicant actually served in SWA, as shown by the evidence of record (i.e., from 27 September 1990 through 11 April 1991), equates to 6 months and 15 days.  Therefore, it would be appropriate to correct item 12, block f, of her DD Form 214 to show 6 months and 15 days of foreign service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_  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 from item 12, block f, of her DD Form 214 the entry "0000" [years], "05" [months], and "11" [days];

	b.  adding to item 12, block f, of her DD Form 214 the entry "0000" [years], "06" [months], and "15" [days];

	c.  deleting from item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA 19901101-19910411"; and

	d.  adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA 19900927-19910411."


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 service in SWA beginning 25 September 1990.



      ____________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)                                         AR20080017797



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017797



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1