BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090002855 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the time period of his deployment to an overseas combat zone in support of Operations Desert Shield and Desert Storm.

2.  The applicant states, in effect, that he served in the theater of operations during the period from 29 September 1990 to 20 April 1991.  He also states that this information is required to be shown on his DD Form 214 in order for him to apply for compensation under the Persian Gulf Conflict veterans' benefit program in Pennsylvania.

3.  The applicant provides no documentary evidence 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 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 record shows he enlisted in the United States Army Reserve (USAR) Delayed Entry Program on 12 August 1986.  He was discharged for the purpose of immediate enlistment in the Regular Army and entered active duty on 19 November 1986.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 29J (Telecommunications Terminal Device Repairer).  The highest rank he attained while serving on active duty was the rank of specialist/pay grade E-4.  The applicant continuously served on active duty through an immediate reenlistment until he was released from active duty and transferred to the USAR Control Group (Reinforcement) on 12 July 1993 with an honorable characterization of service.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 indicates that he served overseas for a total of 1 year, 6 months, and 25 days.  Item 18 (Remarks) of this form does not show the applicant served overseas for any period of time.

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Korea during the period from 2 December 1987 to 4 December 1988 [a period of 1 year and 2 days].  This item also shows he served in Saudi Arabia during the period from 29 September 1990 to 20 April 1991 [a period of 6 months and 23 days].

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1, in pertinent part, shows the applicant was awarded the Kuwait Liberation Medal and the Southwest Asia Service Medal with three bronze service stars.  This item also shows the applicant participated in the Defense of Saudi Arabia Liberation, the Defense of Kuwait, and the Southwest Asia Cease Fire campaigns.  Item 27 (Remarks) of this form shows the applicant served in the imminent danger pay area of Saudi Arabia during the period from 29 September 1990 to 20 April 1991. 
Item 16 of Section IV (Service Data) of the applicant's DA Form 2A (Personnel Qualification Record - Part I), dated 25 March 1992, shows his last combat tour as Saudi Arabia and the date he completed the tour as "9104" [April 1991].

6.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/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/National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Operation Desert Storm.  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 through 1997.

7.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the period from 1 October 1990 to 20 April 1991.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that:

	a.  for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period); and

	b.  for item 18, 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)" will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the time periods of his deployment to an overseas combat zone in support of Operations Desert Shield and Desert Storm was carefully considered and determined to have merit.

2.  The preponderance of evidence shows the applicant served in Saudi Arabia during the period of 29 September 1990 to 20 April 1991, a total of 6 months and 23 days.  The evidence also shows the applicant had previously served in Korea for a period of 1 year and 2 days.  Combining the durations of these two overseas tours yields a sum total of 1 year, 6 months, and 25 days of foreign service during the applicant's period of active duty.  Therefore, item 12f of the applicant's DD Form 214 was properly constituted and does not require correction.

3.  Army Regulation 635-5 prescribes that item 18 of a DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service should include, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

4.  Based on the foregoing, it would be appropriate in this case to amend the applicant's records to show this period of overseas service.

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 entry "SERVICE IN SAUDI ARABIA FROM 19900929-19910420" to item 18 of his DD Form 214.



      __________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)                                         AR20090002855



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ABCMR Record of Proceedings (cont)                                         AR20090002855



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