IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090015539
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his foreign service credit for Operation Desert Storm/Desert Shield.
2. The applicant states that his DD Form 214 does not reflect his combat service tour during the Persian Gulf War Crisis in support of Desert Storm/Desert Shield. He states he served with Alpha Battery, 5th Battalion, 8th Field Artillery as a cannon crewman and that his permanent duty station was Fort Bragg.
3. The applicant does not provide any supporting documents with his 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 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's military personnel record shows he enlisted in the Regular Army through the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 2 January 1990 for 3 years and 15 weeks. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewman).
3. The applicant was discharged from active duty under other than honorable conditions (UOTHC) on 22 October 1991. The DD Form 214 he was issued at that time shows that he completed 1 year, 4 months, and 7 days of net active service during this enlistment period.
4. Item 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 does not show any foreign service credit. Item 18 (Remarks) of his DD Form 214 does not contain an entry to show the location or the duration of the applicant's foreign service tour.
5. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that 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 Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from
2 August 1990 through 31 December 1991. 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 and 1995.
6. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 September 1990 to 27 March 1991.
7. On 11 July 2007, the Army Discharge Review Board upgraded his characterization of service from a UOTHC to under honorable conditions.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f. In item 18 for active duty Soldiers deployed to a foreign country with their unit during their continuous period of active service to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 September 1990 to 27 March 1991. Therefore, the applicant is entitled to have his record corrected to show this foreign service tour.
2. Based on the applicant's service in Saudi Arabia in support of Operations Desert Storm and Desert Shield, it is appropriate to include an entry in item 12f of his DD Form 214 with a separation date 22 October 1991 to show his foreign service credit as 6 months and 27 days. In addition, item 18 of his DD Form 214 should show his service in Saudi Arabia by adding the entry "SAUDI ARABIA: 1990/09/01 TO 1991/03/27."
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 making the following amendments to this DD Form 214 with a separation date of 22 October 1991:
a. amend item 12f to show 6 months and 27 days; and
b. amend item 18 to include "SAUDI ARABIA: 1990/09/01 TO 1991/03/27."
_______ _ _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) AR20090015539
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090015539
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140005119
The applicant requests his foreign service and awards for Operations Desert Shield and Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 May 1992. His DD Form 214 showed in: * item 12c (Net Active Service This Period) - 3 years, 11 months, and 29 days * item 12f (Foreign Service) - no foreign service 7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2011 | 20110008427
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of items 12f (Foreign Service) and 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment dates in Southwest Asia. The entry from the DMDC is accepted as sufficient evidence with which to amend items 12f and 18 of his DD Form 214 to show his dates of service in Southwest Asia.
ARMY | BCMR | CY2015 | 20150002948
The applicant requests his foreign service and awards for Operations Desert Shield and Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 September 1992. His DD Form 214 shows he was awarded the: * Army Service Ribbon * National Defense Service Medal * Army Lapel Button 9. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214...
ARMY | BCMR | CY2010 | 20100022884
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in support of Operation Desert Shield/Desert Storm and the medals he is authorized for this service. The available evidence shows he served a qualifying period for award of the Army Good Conduct Medal (1st Award) during the period 4 April 1990 to 30 April 1992. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100026635
Based on the evidence of record, the applicant served in Operations Desert Shield/Desert Storm during the period 1 September 1990 to 25 March 1991. While the applicant did not specifically request correction to his DD Form 214 to show his foreign service tour in Kuwait/Saudi Arabia, it would be appropriate to do so based on his foreign service tour recorded on the DMDC Desert Shield/Storm Data Base. Based on the applicant's service in Saudi Arabia in support of Operations Desert Shield and...
ARMY | BCMR | CY2009 | 20090008812
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf during Operations Desert Shield/Desert Storm and to show the service medals for this foreign service. The applicant provides no additional documents in support of his application. This information is accepted as sufficient evidence as a basis to amend item 18 of his DD Form 214 to show the entry: "SERVICE IN SWA FROM 19910202-19910503."
ARMY | BCMR | CY2012 | 20120000221
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. Evidence of record shows he served in Southwest Asia and he participated in two designated campaigns in support of Operation Desert Shield/Desert Storm.
ARMY | BCMR | CY2011 | 20110008030
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal and Kuwait Liberation Medal. The applicant provides his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of his DD Form 214 the entry "01 02 28" and replacing it with "01 06 22"; b. adding to item 13 of his DD Form 214 the Army...
ARMY | BCMR | CY2011 | 20110002611
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his service in Korea and Saudi Arabia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal - Kuwait, and the Korea Defense Service Medal; b. amending item 12f of his DD Form 214...
ARMY | BCMR | CY2011 | 20110005685
The applicant requests, in effect, correction of item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her period of deployment in Southwest Asia. Therefore, item 18 of her DD Form 214 should be corrected to show she served in Southwest Asia from 25 December 1990 to 22 February 1991. Her DD Form 214 should be corrected to show these awards.