IN THE CASE OF:
BOARD DATE: 18 FEBRUARY 2009
DOCKET NUMBER: AR20080018113
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 her Gulf War service be reflected in Block 18 (Remarks) on her 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that Block 18 does not show her dates of service in Operation Desert Shield/Storm between 22 September 1990 and 10 May 1991.
3. The applicant provides a copy of her DA Form 2-1 (Personnel Qualification Record) in support of her 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. Records available to the Board indicate the applicant entered active duty on
7 February 1985 and served continuously until she was released from active duty on 28 February 2005 by reason of sufficient service for retirement.
3. The applicant's DD Form 214 shows that she received the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal (Kuwait). There is no entry in Block 18 to show her service in Southwest Asia.
4. Item 5 (Overseas Service) on her DA Form 2-1 shows temporary duty in Saudi Arabia between 22 September 1990 and 10 May 1991. Item 27 (Remarks) shows receipt of imminent danger pay for the same period.
5. The applicants OMPF (Official Military Personnel File) contains an Army Commendation Medal recognizing the applicants meritorious service at Fort Eustis, Virginia between 10 May 1991 and 5 May 1993. Her file does not contain any individual decorations specifically associated with her service in Southwest Asia.
6. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/
Storm Data Base that 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 Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from
2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995.
7. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 22 September 1990 to 30 April 1991.
8. 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 establishes standardized policy for preparing and distributing the DD Form 214. It provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in Block 18 of his/her DD Form 214 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive date for example, YYYYMMDD YYYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. The applicant's records clearly show she participated in Operation Desert Shield/Storm. The discrepancy between the dates of deployment as reflected on the applicants DA Form 2-1 and the DMDC Desert Shield/Storm Date Base cannot be definitively explained. However, there is no reason to question the applicants contention that she was in fact deployed between 22 September 1990 and 10 May 1991. The fact that she received an Army Commendation Medal for a period commencing on 10 May 1991 that was not associated with her deployment tends to support the accuracy of the entries on her DA Form 2-1. As such, in the interest of justice and as a matter of equity, it would appropriate to accept her dates of deployment as 22 September 1990 to 10 May 1991 for the purpose of correcting her DD Form 214.
2. Army Regulation 635-5 provides for an appropriate entry in Block 18 of the DD Form 214 to reflect Gulf War service. Her DD Form 214 should be corrected as indicated below.
BOARD VOTE:
________ ________ ________ 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 showing in Block 18 of his DD Form 214 the entry, "SERVICE IN SOUTHWEST ASIA FROM 19900922-19910510."
_______ _ _______ ___
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) AR20080018113
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018113
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110010115
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she: * served in support of Operations Desert Shield/Desert Storm from 15 October 1990 to 12 April 1991 * was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) * completed the Total Army Instructor Training Course in March 2001 2. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) was approved on 9 November 1995 and is...
ARMY | BCMR | CY2011 | 20110005685
The applicant requests, in effect, correction of item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her period of deployment in Southwest Asia. Therefore, item 18 of her DD Form 214 should be corrected to show she served in Southwest Asia from 25 December 1990 to 22 February 1991. Her DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2009 | 20090005884
The applicant states, in effect, that this DD Form 214 does not show his combat record for participation in support of Operation Desert Storm. The entry from the DMDC is accepted as sufficient evidence on which to amend block 18 on the applicants DD Form 214 to show his dates of service in Southwest Asia. Therefore, block 18 on the applicants DD Form 214 should be corrected to show he served in Southwest Asia from 1 January 1991 to 15 May 1991.
ARMY | BCMR | CY2008 | 20080010278
The applicant requests that her dates of service in Operation Desert Storm be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 3 September 1991. The Defense Manpower Data Center (DMDC) compiled an Operations Desert Shield/Desert Storm Data Base that 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/National Guard member or retiree who was...
ARMY | BCMR | CY2013 | 20130004758
IN THE CASE OF: BOARD DATE: 17 October 2013 DOCKET NUMBER: AR20130004758 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm. This information should be used to correct block 18 of his DD Form 214 to show his dates of deployment to SWA.
ARMY | BCMR | CY2011 | 20110006290
Therefore, her DD Form 214 should be corrected to show these awards. Therefore, this military document alone is insufficient evidence as a basis to correct her DD Form 214 to show these awards. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2008 | 20080011251
The applicant requests that his dates of service in Southwest Asia in block 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The applicant states, in effect, that his dates of service in Southwest Asia in block 18 on his DD Form 214 are incorrect. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.
ARMY | BCMR | CY2007 | 20070018962
The applicant requests, in effect, her participation in Operation Desert Shield be documented on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 December 1990. The applicant's military personnel record shows she enlisted in the Regular Army on 4 January 1984 for a period of 3 years. The Board further recommends that Item 18 of the applicant's DD Form 214 be amended to include the entry: Operation Desert Shield/Southwest Asia Service from...
ARMY | BCMR | CY2010 | 20100019828
Army Regulation 635-5 (Separation Documents) states that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country to which deployed and the inclusive dates in "YYYYMMDD" format. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to include the entry "SERVICE IN SOUTHWEST ASIA...
ARMY | BCMR | CY2014 | 20140020731
Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Although DMDC records do not show the applicant participated in Desert Shield/Storm, her DA Form 2-1 shows she served in Saudi Arabia from 17 February 1991 to 11 April 1991. Based on her service in Saudi Arabia in support of Operation Desert Storm, she is also entitled to correction of her DD Form 214 to show her period of deployment.