IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100001220
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) for the period ending 18 December 1990 to show service in support of Operation Desert Storm.
2. The applicant states that he served with Company B, 123rd Combat Support (CS) Battalion, and the unit was deployed in support of Operation Desert Storm.
3. The applicant provides no additional documentation in support of this case.
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 applicant's 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 applicant's 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 27 June 1983. He completed basic and advanced individual training and was awarded military occupational specialty 64C (Motor Transport Operator).
3. On 28 April 1986, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (Reinforcement).
4. On 6 February 1987, the applicant again enlisted in the Regular Army. He arrived in the Federal Republic of Germany (FRG) on 6 March 1989 and was assigned to Company B, 123rd CS Battalion. On or about 25 October 1990, he departed the FRG and was reassigned to the U.S. Army Missile and Munition Center, Redstone Arsenal, Alabama.
5. In November 1990, U.S. Army Europe, sent VII Corps to Saudi Arabia to take part in Operation Desert Shield and, later, in Operation Desert Storm. The 123rd CS Battalion was deployed with the 1st Armored Division Support Command, 1st Armored Division, under the command of VII Corps.
6. On 18 December 1990, the applicant was honorably discharged from active duty.
7. Item 18 (Remarks) of the applicant's DD Form 214 for the period ending 18 December 1990 does not show deployment in support of Operation Desert Storm.
8. There is no evidence in the applicant's military records that shows he was deployed in support of Operation Desert Storm. His name does not appear on the Gulf War Deployment Roster.
9. Army Regulation 635-5 (Separation Documents) states, in item 18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
The applicant contends that his DD Form 214 should be corrected to show he participated in support of Operation Desert Storm while assigned to Company B, 123rd CS Battalion. The evidence of record shows the applicant spent his entire period in the FRG assigned to Company B, 123rd CS Battalion, from 6 March 1989 to on or about 25 October 1990. However, he departed the FRG prior to his unit mobilization for Operation Desert Shield/Desert Storm in November 1990. Furthermore, his name does not appear on the Gulf War Roster. Therefore, there is insufficient evidence to support his claim that he participated in support of Operation Desert Storm.
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) AR20100001220
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ABCMR Record of Proceedings (cont) AR20100001220
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