IN THE CASE OF:
BOARD DATE: 16 June 2009
DOCKET NUMBER: AR20080018767
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct dates of service in Southwest Asia in support of Operation Desert Storm.
2. The applicant states, in effect, that he served in support of Operation Desert Storm from 12 December 1990 to 5 May 1991.
3. The applicant provides no additional documents 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. On 7 August 1979, the applicant enlisted in the Regular Army. He served through a series of enlistments and assignments both in the United States and overseas.
3. On 1 October 1988, the applicant was assigned duty as a nuclear, biological and chemical noncommissioned officer with the 651st Medical Company (Air Ambulance), in the Federal Republic of Germany.
4. During the period from 12 December 1990 to 5 May 1991, the applicant served on temporary duty in Saudi Arabia. He then returned to the Federal Republic of Germany.
5. On 31 August 1999, the applicant was retired due to sufficient length of service. He had completed 20 years and 24 days of creditable active duty service.
6. Item 18 (Remarks) of the applicant's DD Form 214 states, in part: "Service in Southwest Asia 19910506 - 19911222."
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct dates of service in Southwest Asia in support of Operation Desert Storm.
2. The evidence of record clearly shows the applicant served in Southwest Asia from 12 December 1990 to 5 May 1991, which differs from the information recorded in Item 18 of his DD Form 214.
3. In view of the above, the applicant's request should be granted.
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. deleting from Item 18 of his DD Form 214: "Service in Southwest Asia 19910506 - 19911222"; and
b. adding to Item 18 of his DD Form 214: "Service in Southwest Asia 19901212 - 19910505."
_______ _ 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) AR20080018767
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ABCMR Record of Proceedings (cont) AR20080018767
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