IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090017292
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 dates of service in Southwest Asia be shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 January 1992.
2. The applicant states that his service during Desert Storm is not noted on his DD Form 214. He contends that he served in country from "2/01" [February 2001] to "5/01" [May 2001].
3. The applicant provides a copy of his DD Form 214 for the period ending
3 January 1992 in support of 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 enlisted in the Regular Army on 5 July 1988, served as a combat signaler, and was honorably released from active duty on 3 January 1992.
3. Item 18 on the applicant's DD Form 214 for the period ending 3 January 1992 does not show any deployments. There are no Southwest Asia medals shown on this DD Form 214.
4. Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 25 November 1988 through 29 December 1991.
5. The applicants name does not appear on the Defense Manpower Desert Shield/Desert Storm database.
6. The Defense Manpower Data Center (DMDC) compiled the Operation Desert Shield/Desert Storm Data Base. The primary Operation Desert Shield/Desert 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 and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm. For Reserve and National 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.
7. There is no evidence of record which shows the applicant served in Southwest Asia in support of Operation Desert Shield/Desert Storm.
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. It states that 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 in block 18.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends that he served during Desert Storm, his name does not appear on the Defense Manpower Desert Shield/Desert Storm database. There is no evidence of record which shows the applicant participated in Operation Desert Shield/Storm. Therefore, there is an insufficient basis for granting the applicants request.
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) AR20090017292
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ABCMR Record of Proceedings (cont) AR20090017292
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