IN THE CASE OF:
BOARD DATE: 4 June 2009
DOCKET NUMBER: AR20090001794
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 that item 18 (Remarks) on his 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that his service in Southwest Asia (SWA) ended on 27 March 1991 vice 1990.
2. The applicant states his DD Form 214 shows his service in SWA as
29 August 1990 to 27 March 1990. He states the correct dates should be
29 August 1990 to 27 March 1991.
3. The applicant provides, in support of his application, a copy of his 1991 DD Form 214, a copy of orders announcing his award of the Army Achievement Medal for the period from 1 September 1990 to 9 March 1991, and a copy of an Army Commendation Medal recommendation for that same period.
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 enlisted and entered active duty as a Regular Army Soldier on 18 September 1987. An entry on the applicants DA Form 2-1 (Personnel Qualification Record) indicates the applicant deployed to Saudi Arabia from 29 August 1990 through 27 March 1991. Item 16 (last combat tour/date) on his DA Form 2A (Personnel Qualification Record
Part-I) also confirms he redeployed in March 1991.
3. On 17 September 1991 the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 18 on his DD Form 214 shows he served in SWA from 29 August 1990 to 27 March 1990.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record clearly shows that the entry of 27 March 1990 was a typographical error on the applicants 1991 DD Form 214. He could not have departed SWA prior to the date of his arrival to SWA.
2. There is sufficient evidence to confirm the applicant redeployed from SWA in 1991 and not 1990 as shown in item 18 of his DD Form 214. Therefore, it would be appropriate to correct his 1991 DD Form 214 to show his service in SWA as 29 August 1990 27 March 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 showing in item 18 of his 1991 DD Form 214 that he redeployed from SWA on 27 March 1991 vice 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) AR20090001794
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090001794
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