IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090011718 


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 his foreign service in support of Operation Desert Storm. 

2.  The applicant states the entry is not shown due to a clerical error.  

3.  The applicant provides a copy of his DD Form 214, dated 2 March 1992; a copy of Orders 30-6, issued by Headquarters, U.S. Army Element, Allied Command Europe, on 6 February 1992; and a copy of an intra-battalion reassignment order, dated 13 August 1990, 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 he enlisted in the Regular Army for a period of 4 years on 20 July 1978.  He completed basic combat and advanced individual training and was awarded military occupational specialty 29E (Radio Repairman). His records also show he executed three 3-year reenlistments on 8 February 1982, 30 July 1985, and 30 December 1987, and a 5-year reenlistment on 29 March 1990.  

3.  The applicant’s records also show he served in Korea from on or about 3 July 1980 to 30 June 1981; Hawaii, from 23 September 1982 to 20 September 1985; Korea from on or about 20 July 1987 to 14 July 1988; and Belgium from on or about 3 March 1991 to 29 February 1992. 

4.  He was honorably discharged on 2 March 1992 under the Fiscal Year 1992 Voluntary Early Transition Program and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 13 years, 7 months, and 13 days of creditable active service.  

5.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the entry, "05  10  20."

6.  Item 18 (Remarks) of his DD Form 214 does not indicate he completed any deployments or served in a hazardous fire pay (HFP)/imminent danger pay (IDP) area.

7.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Overseas Service Ribbon (3rd Award), the Good Conduct Medal (4th Award), the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Achievement Medal (2nd Award), the Army Commendation Medal, the Air Assault Badge, and the  Expert Marksmanship Qualification Badge with Rifle and Grenade Bar.  Item 24 does not show any Desert Storm-specific awards. 

8.  The applicant's name is shown on the Gulf War Roster as having served in Southwest Asia from 1 August 1990 to 30 September 1990.

9.  An email dated 20 November 2009 from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, confirms that the applicant received HFP/IDP from 1 September 1990 to 6 November 1990 for his service in an unknown location.

10.  The case analyst of record contacted the applicant by email on 4, 7, and 8 December 2009 to verify his exact dates of service during Operation Desert Storm; however, the applicant did not respond. 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation currently in effect directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty [emphasis added] to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier’s records.  The "Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in support of Operation Desert Storm.

2.  The applicant’s name is shown on the Gulf War roster as having served in Southwest Asia from 1 August 1990 to 30 September 1990.  However, his pay records confirm he received HFP/IDP from 1 September 1990 to 6 November 1990 for his service in an unknown location.  The two periods are inconsistent and there is no other evidence in the applicant’s records that substantiates the exact dates of service.  

3.  In the absence of additional documentary evidence that shows the exact dates of arrival and departure from Southwest Asia, there is insufficient evidence to grant the applicant 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)                                         AR20090011718





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ABCMR Record of Proceedings (cont)                                         AR20090011718



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