IN THE CASE OF:	  

		BOARD DATE:	  April 14, 2009

		DOCKET NUMBER:  AR20090001048 


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 the time he served in the Gulf War be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that his combat experience [his service in the Gulf War] does not appear on his DD Form 214 and he would like it added because it effects his Department of Veterans Affairs (VA) claim.  He adds that he served in the Gulf War from 26 August 1990 through 3 March 1991.

3.  The applicant provides no additional evidence in support of his request.

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 records show that he enlisted in U.S. Army Reserve on 10 April 1989.  He enlisted in the Regular Army for 5 years on 13 April 1989.  He completed basic combat training and advanced individual training at Fort Sill, Oklahoma and he was awarded military occupational specialty (MOS) 13M (Multiple Launch Rocket System Crewmember).

3.  The evidence also shows the applicant continued to serve through a reenlistment and an extension of his service and he was honorably released from active duty on 26 January 1996 in the rank and pay grade Specialist, E-4.  On the date of his release from active duty, the applicant had completed 6 years, 9 months, and 14 days net active service with no time lost.

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows the applicant served in Saudi Arabia in support of Operation Desert Shield/Desert Storm for the period 27 August 1990 through 27 March 1991.  The applicant also served in Germany for the period 28 February 1992 through 25 January 1995.

5.  Item 27 (Remarks) of the applicant's DA Form 2-1 shows the applicant served in an Imminent Danger Pay Area (Southwest Asia) for the period 27 August 1990 through 27 March 1991.

6.  The Gulf War Participants Roster shows the applicant was deployed in support of the Gulf War for the period 1 September 1990 through 27 March 1991.

7.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry 0003 Years, 05 Months, and 29 days.  There is an absence of an entry in Item 18 (Remarks) to show the applicant's service in the Gulf War area.

8.  Army Regulation (AR) 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.  The edition of this regulation in effect on the date of the applicant's release from active duty specified that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 would be entered in Item 12f.


9.  AR 635-5, paragraph 2-4h(18)(f) prescribes that, for an active duty Soldier deployed with his or her unit during their continuous period of active service an 
entry will be made in Item 18 of the Soldier's DD Form 214 as follows to document his or her foreign service:  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD – YYYYMMDD).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 shows the applicant was deployed to an Imminent Danger Pay Area (Southwest Asia) and served in support of the Gulf War for the period 27 August 1990 through 27 March 1991.

2.  The Gulf War Participants Roster shows the applicant was deployed in support of the Gulf War for the period 1 September 1990 through 27 March 1991.

3.  Notwithstanding the differences in the beginning date for deployment, the applicant is given the benefit of the doubt for the correction of his record.  

4.  Item 12f of the applicant's DD Form 214 is correctly posted.  This entry shows the total of the applicant's overseas service in Saudi Arabia and Germany and requires no correction.  

5.  However, the applicant is entitled to correction of Item 18 of his DD Form 214 to show the entry "Service in Southwest Asia in support of Operation Desert Shield/Desert Storm from 19900827 - 19910327."

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 in Item 18 of the applicant's DD Form 214 the entry "Service in Southwest Asia in support of Operation Desert Shield/Desert Storm from 19900827 – 19910327."



      _______ _   _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)                                         AR20090001048



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ABCMR Record of Proceedings (cont)                                         AR20090001048



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