IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090011524 


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 records to show the location and correct unit of assignment during the Gulf War and the date of departure from the oil wells exposure area.

2.  The applicant states that his records do not list the location and units of assignment during the Gulf War showing low level of oil well fire exposure and that his date of departure from the area is wrong.  He adds that his unit was encamped nearby 60 burning oil wells.  He also adds that he suffers from Post Traumatic Stress Disorder (PTSD) and that most of his supporting documentation was burned in a house fire in 2000.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  copies of his DA Forms 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the periods July 1991 through September 1991, October 1991 through September 1992, and May 1992 through October 1992;

	b.  a copy of a letter, dated 18 January 1994, from his former operations officer;

	c.  a copy of a letter, dated 8 September 2004, from his former battalion commander;


	d.  a certificate, dated 21 November 1991, showing award of the Army Commendation Medal; a certificate, dated 2 April 1991, showing award of the Bronze Star Medal; and a certificate, dated 26 October 1993, showing award of the Meritorious Service Medal; 

	e.  a copy of his DA Form 2-1 (Personnel Qualification Record);

	f.  a copy of a Manifest Report, dated 25 September 1991;

	g.  a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 January 1991;

	h.  a copy of Orders 114-268, issued by the 520th Personnel Service Company, on 19 May 1992;

	i.  a copy of Orders 157-114, issued by the 574th Personnel Service Company, on 5 June 1992;

	j.  a copy of a memorandum , dated 30 September 1991, Subject: Verification of Tour and Hazardous Locations for Operation Desert Shield/Storm; and

	k.  a copy of a letter, dated 26 October 2004, from the U.S. Army Center for Health Promotion and Preventive Medicine, Aberdeen Proving Ground, MD, with maps of the Gulf War Fires. 

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 he was inducted into the Army of the United States and entered active duty on 9 November 1970.  He completed basic combat and advanced individual training and was awarded military occupational 

specialty (MOS) 76V (Equipment Storage Specialist).  His records also show he executed several extensions and/or reenlistments, served in various staff and leadership positions within the continental United States and overseas, and attained the rank/grade of sergeant first class (SFC)/E-7.

3.  The applicant’s records also show he served in Germany from 17 September 1989 to 31 January 1992.  He was assigned to A Company, 9th Battalion, 227th Aviation Support Battalion.  He also served in Southwest Asia as a member of this unit in support of Operations Desert Shield/Storm from 27 December 1990 to 28 September 1991.

4.  The applicant's records further show he was honorably retired on 31 January 1993 and he was placed on the retired list in his retired rank/grade of SFC/E-7 on 1 February 1993.  The DD Form 214 he was issued shows he completed over 22 years of active service.  Item 8a (Last Duty Assignment and Major Command) of this form shows he was assigned to A Company, 9th Battalion, 227th Aviation Support Battalion, 1st Armored Division, U.S. Army Europe.  

5.  The applicant submitted various documents, memoranda, and letters in support of his request as follows:

	a.  copies of his DA Forms 2166-7 for the periods July 1991 through September 1991 showing he was assigned to the 22nd Support Command, Directorate of Engineering and Housing, Dhahran, Saudi Arabia; October 1991 through September 1992 showing he was assigned to the 9th Battalion, 227th Aviation Support Battalion; and May 1992 through October 1992, showing he was assigned to the 127th Aviation Support Battalion. 

	b.  a copy of a letter, dated 18 January 1994, from his former operations officer who states that the applicant was a member of the Support Operations Section of the 9th Battalion, 227th Aviation Support Battalion, and that he witnessed the applicant injuring himself as he jumped from an expandable truck and that he also suffered a sinus problem that appears to have been caused by the dust; 

	c.  a copy of a letter, dated 8 September 2004, from his former battalion commander who states that he was informed by the applicant’s supervisor that he (the applicant) injured his leg when he jumped off a truck and that he also suffered a sinus problem that appears to have been caused by the dust and oil fires in Kuwait; 

	d.  copies of a certificate, dated 21 November 1991, showing award of the Army Commendation Medal for meritorious achievement while serving with the 9th Battalion, 227th Aviation Support Battalion from 17 January 1991 to 6 March 1991; a certificate, dated 2 April 1991, showing award of the Bronze Star Medal for meritorious service while serving with the 9th Battalion, 227th Aviation Support Battalion from 17 January 1991 to 28 February 1991; and a certificate, dated 26 October 1993, showing award of the Meritorious Service Medal for meritorious service while serving with the 9th Battalion, 227th Aviation Support Battalion from 31 January 1981 to 31 January 1993;

	e.  a copy of his DA Form 2-1 that shows he was assigned to Headquarters and Headquarters Detachment, 122nd Main Support Battalion, Germany, on 18 September 1989;

	f.  a copy of a Manifest Report, dated 25 September 1991, that shows he departed Dhahran, Saudi Arabia, on 25 September 1991, while a member of Headquarters and Headquarters Company, 22nd Logistical Group;

	g.  a copy of Orders 114-268, issued by the 520th Personnel Service Company on 19 May 1992 showing he was released from active duty on           31 January 1993.  The orders listed his unit of assignment as A Company, 9th Battalion, 227th Aviation Support Battalion;

	h.  a copy of Orders 114-268, issued by the 574th Personnel Service Company, on 5 June 1992, reassigning him to the Transition Center, Fort Jackson, SC, for the purpose of separation/retirement.  The orders listed his unit of assignment as A Company, 9th Battalion, 227th Aviation Support Battalion;

	i.  a copy of a memorandum, dated 30 September 1991, Subject: Verification of Tour and Hazardous Locations for Operation Desert Shield/Storm, certifying his service in Southwest Asia from 27 December 1990 to 28 September 1991 as a member of A Company, 9th Battalion, 227th Aviation Support Battalion; and

	j.  a copy of a letter, dated 26 October 2004, from the U.S. Army Center for Health Promotion and Preventive Medicine, Aberdeen Proving Ground, MD, with maps of the Gulf War Fires.  The letter provides the applicant with an assessment of the environmental health risk and/or exposure associated with service in Southwest Asia. 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced 
individual training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of the regulation in effect at the time stated, in pertinent part, that item 8a shows the Soldier’s last duty assignment and major command.  For example, "Troop A, 1st Squadron, 2nd Cavalry Regiment, U.S. Army Europe (USAREUR)." 

8.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes policies, operating tasks, and steps governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, the Army Personnel Qualification Records, and Military Personnel Information Management as a work category.  It states that the DA Form 2-1 and DA Form 2A (Personnel Qualification Record—Part I, Enlisted Peacetime) constitute the Enlisted Personnel Qualification Record or PQR.  The DA Form 2–1 is a continuous feed type form that will permit limited automation and the DA Form 2A is the automated portion of the PQR.  Combined, these forms provide a formal and permanent record of personnel management qualifications.  Table 5-2 provides for instructions for recording data on the 
DA Form 2-1.  Item 35 (Current and Previous Assignments) of this form shows assignment entries in chronological order.  The DA Form 2-1 is no longer required for active duty Soldiers. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the location and correct unit of assignment during the Gulf War and the date of departure from the oil wells exposure area.

2.  The evidence of record shows the applicant served in Southwest Asia from 27 December 1990 to 28 September 1991 as a member of A Company, 9th Battalion, 227th Aviation Support Battalion.  His unit of assignment and major command are properly shown on his DD Form 214.  There is no provision in the governing regulation to list his unit’s exact location during the Gulf War and/or the date he departed the oil wells fire exposure area.  

3.  The appropriate form to record a Soldier’s units of assignment is the DA Form 2-1.  This form is produced from data stored at the local unit level and is updated frequently with new information.  Consequently, each DA Form 2-1 is a snapshot of the Soldier’s records as it was at the time the DA Form 2-1 was produced.  Since the applicant is retired and his DA Form 2-1 is no longer active or accessible and since the DA Form 2-1 is no longer used for active duty Soldiers, no action can be taken to correct the DA Form 2-1.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, there is insufficient evidence to grant him the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090011524



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ABCMR Record of Proceedings (cont)                                         AR20090011524



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