IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090020226
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his Southwest Asia (SWA) service.
2. The applicant states he was deployed to Kuwait, Iraq, and Saudi Arabia in support of Operation Desert Storm from December 1990 through April 1991.
3. The applicant provides an undated newspaper article from the Columbus Dispatch stating he was deployed to Saudi Arabia 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's record shows he enlisted in the Regular Army (RA) and entered active duty on 21 September 1988, and was trained in and awarded military occupational specialty (MOS) 63H (Track Vehicle Mechanic).
3. The applicant's DA Form 2-1 (Personnel Qualification Record) contains an entry in Item 5 (Overseas Service) showing he served in Saudi Arabia from
6 January through 12 May 1991.
3. On 16 May 1998, the applicant was honorably discharged from active duty at the completion of his required active duty service. The DD Form 214 he was issued shows he held the rank of sergeant/E-5 and had completed 9 years,
7 months, and 26 days of active military service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:
* Army Commendation Medal (ARCOM)
* Meritorious Unit Commendation (MUC)
* Army Good Conduct Medal (AGCM), 3rd Award
* National Defense Service Medal (NDSM)
* Southwest Asia Service Medal (SWASM) with 3 bronze service stars
* Army Service Ribbon (ASR)
* Kuwait Liberation Medal-Kuwait (KLM-Kuwait)
* Kuwait Liberation Medal-Saudi Arabia (KLM-SA)
* Army Lapel Button
4. Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "SERVICE IN SOUTHWEST ASIA 19930427 - 19950316."
5. The applicant provides an undated Columbus Dispatch newspaper article which states the applicant was in SWA at the time his child was born.
6. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Gulf War roster. This roster contains an entry confirming the applicant served in SWA from 4 January 1991 through 13 May 1991.
7. 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 of contains preparation instructions for the DD Form 214. The instructions for item 18 state for active duty Soldiers deployed with his or her unit during the period of the DD Form 214, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his DD Form 214 corrected to show the correct dates of his SWA service has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant served in SWA in support of Operation Desert Storm from 4 January through 13 May 1991, as evidenced by an entry on the Gulf War roster. Therefore, it would be appropriate to correct the entry in item 18 of his DD Form 214 accordingly.
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 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 to delete the current SWA service entry in
item 18 and replacing it with the entry "SERVICE IN SOUTHWEST ASIA FROM 19910104 - 19910513"
_______ _ __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) AR20090020226
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