IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090019309
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 that his record be corrected by documenting a second tour of duty in Saudi Arabia.
2. The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) only shows one deployment. He contends that he deployed to Saudi Arabia in 1995 and again in 1997 (sic).
3. The applicant provides no additional documentary evidence in support of this 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 record shows that he enlisted in the Regular Army on
18 August 1994. He was trained in and awarded military occupational specialty 91B (Medical Specialist).
3. A Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received hostile fire pay/imminent danger pay for service in Saudi Arabia from 3 February 1998 through 16 June 1998 (4 months and 14 days).
4. On 17 August 1998, the applicant was separated after completing 4 years of active duty service. His DD Form 214 shows:
a. item 12f (Foreign Service) he completed 4 months and 17 days of overseas service; and
b. item 18 (Remarks) 4 months and 17 days of overseas service in Southwest Asia (SWA) from 15 June 1995 through 1 November 1995.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army. It also contains instructions for preparing the DD Form 214. This regulation provides that:
a. item 12f shows the total amount of foreign service completed during the continuous period of active service; and
b. item 18 shows the continuous period of active service for which a Soldier was deployed "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his second tour of duty in Saudi Arabia in 1998 should be documented on his DD Form 214 has been carefully considered and found to have merit. The evidence of record confirms in addition to the 4 months and 17 days of service in Southwest Asia that is already documented on his
DD Form 214, the applicant was deployed to Saudi Arabia for 4 months and
14 days from 3 February through 16 June 1998, as evidenced by the DFAS record.
2. The DFAS record is sufficient to support correction of his DD Form 214 to document his 1998 tour of duty in Saudi Arabia. Therefore, it would be appropriate to amend item 12f to show he completed a total of 9 months and
1 day of overseas service during the period and to amend item 18 by adding the entry "SERVICE IN SAUDI ARABIA 19980203-19980616."
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 amending his DD Form 214 as follows:
a. item 12f deleting the current entry and adding "0000 09 01";
b. item 18 - adding the entry "SERVICE IN SAUDI ARABIA
19980203 - 19980616"; and
c. providing him a correction to his separation document that reflects the above changes.
_______ _ 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) AR20090019309
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ABCMR Record of Proceedings (cont) AR20090019309
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