IN THE CASE OF:
BOARD DATE: 17 MARCH 2009
DOCKET NUMBER: AR20080018396
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in Operations Desert Shield and Desert Storm.
2. The applicant essentially states that he served in combat during Operations Desert Shield and Desert Storm and would like to have his combat service documented on his DD Form 214.
3. The applicant provides a letter, dated 29 September 2008, from the Army Review Boards Agency Congressional and Special Actions Branch; a Department of Veterans Affairs (DVA) Persian Gulf Registry Code Sheet; orders and a certificate for the Army Commendation Medal; certification that he completed a 4-hour Hazardous Cargo Certification Program; a letter, dated 22 November 2000, from the DVA with accompanying information on DVA enrollment and priority groups; a letter, dated 17 June 1995, from the DVA; and his promotion certificate to specialist four 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's military records show that he enlisted in the Regular Army on 7 August 1989. He completed basic and advanced individual training and was awarded military occupational specialty 67S (OH-58D Helicopter Repairer). He then served in Germany for 2 years and was subsequently reassigned to Hunter Army Airfield, Georgia, in February 1992. On 22 December 1992, he was discharged under other than honorable conditions in the rank of private/E-1 due to misconduct for commission of a serious offense, but his discharge was subsequently upgraded to a general discharge under honorable conditions by the Army Discharge Review Board in 2008.
3. Item 18 (Remarks) of the applicant's DD Form 214 does not show that he served in Southwest Asia during Operations Desert Shield and Desert Storm, but information retrieved from the Gulf War Deployment Roster shows that he deployed to Southwest Asia from 1 January 1991 to 15 May 1991.
4. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession. However, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement:
a. "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)";
b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"; and
c. "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his service in Operations Desert Shield and Desert Storm.
2. The evidence of record clearly shows that the applicant served in Southwest Asia from 1 January 1991 to 15 May 1991. Although it cannot be conclusively determined what country or countries that the applicant served in during his deployment to Southwest Asia based upon the limited information in his military records, it would be appropriate to add an entry in item 18 of his DD Form 214 showing that he served in Southwest Asia from 1 January 1991 to 15 May 1991.
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 adding the following entry to item 18 of his DD Form 214: "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910515."
_________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) AR20080018396
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018396
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011874
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his foreign service while deployed in support of Operation Desert Storm from December 1990 to May 1991 * award of the Southwest Asia Service Medal 2. Evidence also shows he participated in three campaigns while serving in Southwest Asia. Although his Army Commendation Medal was awarded for his service in support of Operations Desert Shield/Storm from 17 September 1990 to...
ARMY | BCMR | CY2011 | 20110008065
Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"...
ARMY | BCMR | CY2013 | 20130008212
His DD Form 214 shows in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), among other awards, the Southwest Asia Service Medal and the Kuwait Liberation Medal (Saudi Arabia) * Item 18 (Remarks) shows service in Cuba but not in Iraq 3. Nevertheless, the available evidence shows he served in Southwest Asia from 19 December 1990 to 6 May 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090017210
The applicant requests that his service in Southwest Asia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The primary Operations 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 Reserve and National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm. Army Regulation 600-8-22...
ARMY | BCMR | CY2009 | 20090006889
The applicant requests, in effect, that his dates of service in Southwest Asia be shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states, in effect, that he was deployed to Saudi Arabia in January 1991 in support of Operation Desert Shield/Desert Storm and he returned in November 1991. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Southwest Asia from 7 January 1991 to 2 November 1991.
ARMY | BCMR | CY2014 | 20140006932
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service in Southwest Asia during Operation Desert Shield/Desert Storm * all awards he is entitled to receive as a result of this service 2. The evidence of record confirms the applicant served in Southwest Asia from 1 January to 26 April 1991; therefore, he is entitled to correction of his DD Form 214 to show this foreign service and the dates of this service. As a...
ARMY | BCMR | CY2011 | 20110023330
The applicant requests his deployment to the Persian Gulf during Operation Desert Storm in 1991 be documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 December 1992. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. c. The Kuwait...
ARMY | BCMR | CY2011 | 20110008427
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of items 12f (Foreign Service) and 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment dates in Southwest Asia. The entry from the DMDC is accepted as sufficient evidence with which to amend items 12f and 18 of his DD Form 214 to show his dates of service in Southwest Asia.
ARMY | BCMR | CY2011 | 20110015874
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in support of Operations Desert Shield/Desert Storm. The applicant states his service during Desert Shield/Desert Storm is not documented on his DD Form 214. The evidence of record shows he served during three campaigns in the Persian Gulf from 1 September 1990 to 26 March 1991, as evidenced by an entry on the Operation Desert Shield/Desert Storm Data Base.
ARMY | BCMR | CY2013 | 20130018303
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his active wartime overseas service and to show awards to which he is entitled for his overseas service. His DD Form 214 shows in: a. item 12f (Foreign Service) no foreign service; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) no awards for service in Southwest Asia in support of Operation Desert Storm;...