BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090013206
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) in Block 18 (Remarks) to show he was ordered to active duty under Title 10, U.S. Code, section 673.
2. The applicant states he was ordered to active duty during Operation Desert Storm under Title 10, U.S. Code.
3. The applicant provides:
a. his DD Form 214;
b. Orders 1-1, Headquarters and Headquarters Detachment (HHD), 3rd Brigade, 84th Division (Training), Milwaukee, WI, dated 22 January 1991; and
c. Permanent Orders 11-5 (Corrected Copy), Headquarters, 4th United States Army, Fort Sheridan, IL, dated 21 January 1991.
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. The applicant enlisted in the US Army Reserve (USAR) for 8 years on 7 November 1986. He was honorably discharged on 6 November 1995.
3. The applicant was a member of HHD, 3rd Brigade, 84th Division (Training). He was ordered to active duty with his unit on 22 January 1991 for a period of 12 months, effective 22 January 1991. This activation was under 10 USC 673.
4. The applicant's DD Form 214 shows he entered active duty on 22 January 1991. It also shows he was separated on 22 March 1991 and returned to his USAR unit in Milwaukee when his unit was released from active duty. He served 2 months and 1 day of the 12-month period. His DD Form 214 does not contain any remarks in Block 18.
5. Army Regulation 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 version in effect at the time of the applicant's Gulf War service provided that Block 18 is used for entries required by HQDA for which a separate item is not available on the form and for completing entries that are too long for their blocks. It did not mandate an entry indicating activation under Title 10. The 30 September 2000 version of Army Regulation 635-5 did provide the following: "For a Reserve soldier ordered to active duty and deployed to a foreign country, enter the following [statement]
ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)
."
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his DD Form 214 to indicate in Block 18 that his Gulf War service was under 10 USC 673.
2. Army Regulation 635-5, in effect at the time, did not require the requested entry. In 2000, the regulation was revised to require an entry for USAR Soldiers that stated "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
3. The applicant's DD Form 214 is not in error.
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) AR20090013206
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013206
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140021134
The applicant requests, in effect, award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait) and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 March 1991. Notwithstanding the issuance of the DD Form 215, dated 20 December 1991, the evidence of record shows the applicant served on active duty in Germany from February to March 1991. There is no evidence of record...
ARMY | BCMR | CY2010 | 20100023808
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Korea and to show award of the Korea Defense Service Medal. The evidence of record shows the applicant served in Korea during a qualifying period of service for award of the Korea Defense Service Medal which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080003379
She also states that Block 24 shows her service as uncharacterized and this should be corrected. Her DD Form 214 shows that she had 1 month and 28 days of foreign service during her active duty mobilization, but it does not indicate the "from-to" dates of that service. However, if the San Antonio newspaper is correct in reporting the applicant's unit deployed on 13 January, and if the applicant's DD Form 214 is correct in stating she served 1 month and 28 days of foreign service, then she...
ARMY | BCMR | CY2010 | 20100021834
Application for correction of military records (with supporting documents provided, if any). Item 5 (Home of Record) of the DD Form 4 in the record lists the applicants HOR as South Milwaukee, Wisconsin, and item 6 (Place of Enlistment/Reenlistment) lists MEPS (Military Entrance Processing Station), Milwaukee, Wisconsin, as the place he entered military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2012 | 20120008196
The applicant states: * he was involuntarily activated from the Individual Ready Reserve (IRR) for Operations Desert Shield/Storm * he served on active duty from 31 January 1991 to 9 March 1991 in direct support of combat operations, to be deployed to the Theater of operations * he served more than 30 consecutive days on active duty; therefore, he met the eligibility criteria for award of the AFRM, NDSM, and SWASM 3. With respect to the SWASM, the evidence of record does not show he served...
ARMY | BCMR | CY2010 | 20100012159
It also states, "Reserve Component personnel being separated for other than cause will not be assigned RE codes. The evidence of record further shows the governing Army regulation states that RC [USAR] personnel being separated for other than cause will not be assigned RE codes and that "NA" will be entered in item 27 of the DD Form 214. Thus, the evidence of record confirms that the entry in item 27 of the applicant's DD Form 214 for the period ending 19 April 1991 is correct as shown.
ARMY | BCMR | CY2013 | 20130015638
For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession: (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME)." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding following entries to block 18 on the applicant's 20 December 1991 DD Form 214: (1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM." b. deleting...
ARMY | BCMR | CY2013 | 20130004775
The applicant, in two applications, request correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 March 1991 to show the: * Noncommissioned Officer Professional Development Ribbon (NPDR) * Armed Forces Reserve Medal (AFRM) with "M" Device * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) * Expert Marksmanship Qualification Badge with Pistol Bar * Expert Marksmanship Qualification Badge with Rocket Launcher...
ARMY | BCMR | CY2011 | 20110002050
The applicant provides his DD Form 214. Given there was no block available on the DD Form 214 in effect at the time of the applicants separation for the HOR entry and since it is now an authorized entry, it would be appropriate and serve the interest of justice to add the entry Home of Record - Waupaca, Wisconsin to block 18 of the applicants DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to...
ARMY | BCMR | CY2008 | 20080000309
The applicant requests his 22 November 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as a captain, his pay grade as O-3E, his date of birth as 5 November 1954, that he entered active duty (for this period) on 22 August 1990 with adjustment of the related entries in block 12 (Record of Service) and that he had an unspecified period of foreign service. Substantiating evidence must be provided to verify that the wound was the result of...