BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100000884
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) to reflect his Southwest Asia service from
1 December 1990 through 30 November 1991.
2. The applicant states he was in the Persian Gulf from December 1990 through November 1991.
3. The applicant provides two witness statements and Headquarters, 1103d Transportation Battalion, Permanent Orders Number 20-1, dated 19 May 1991 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 on 15 February 1989. He completed the training requirements and he was awarded military occupational specialty 88M (Vehicle Driver). On 14 February 1992, he was honorably discharged from after he completed 3 years of active service.
3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 19 December 1990 through
3 April 1991, a period of 3 months and 15 days.
4. His DD Form 214 shows he was awarded the Southwest Asia Service Medal with two bronze service stars. Item 12f of this form shows he served 3 months and 15 days of foreign service during this period.
5. He provided two witness statements from his former first sergeant and platoon sergeant. The statements affirm he served in Saudi Arabia for the entire deployment from December 1990 to November 1991. In addition, he provided a copy of the orders awarding him the Driver's "W" Badge for the period 1 January through 15 May 1991.
6. The Defense Manpower Data Center compiled the Operation Desert Shield/Storm Data Base. The primary Operation Desert Shield/Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. This data base shows he served in Southwest Asia from 1 October 1990 through 31 July 1991, a period of 10 months.
7. Army Regulation 635-5 (Separation Documents) prescribes separation documents must be prepared for Soldiers upon retirement, discharge, release from active service, or control of the active Army. It specifically, provides that:
a. for block 12f the total amount of foreign service completed during the continuous period of active service will be entered; and
b. for block 18 enter 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 requests his DD Form 214 be corrected to show he completed
1 year of service in Southwest Asia from 1 December 1990 through
30 November 1991.
2. Although witness statements affirm his contention, the evidence of record shows he served in Southwest Asia during the period 1 October 1990 - 31 July 1991, a period of 10 months. Therefore, he is entitled to have item 12f of his DD Form 214 amended accordingly.
3. In view of the foregoing, partial relief should be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x_____ ___x___ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 as follows:
a. deleting the current entry in item 12f and adding "00 10 00"; and
b. adding in item 18 the entry "SERVICE IN SOUTHWEST ASIA 901019 TO 910731."
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding 1 year of foreign service credit from 1 December 1990 through 30 November 1991.
_______ _ 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) AR20100000884
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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