IN THE CASE OF:
BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100007192
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to document her Persian Gulf service.
2. The applicant states that:
a. she served in the Persian Gulf with the 28th Combat Support Hospital
(CSH) in 1990 for 60 days or more;
b. certain veteran benefits are being denied because the service in question is not listed on her DD Form 214; and
c. she recently discovered her Persian Gulf service was not listed on her
DD Form 214 when she applied for a State bonus authorized for this service.
3. The applicant provides the following documents:
* document titled Persian Gulf War Bonus Pre-Requisites
* Department of Veterans' Services, Boston, MA, letter, dated
29 September 2009
* DD Form 214
* U.S. Army Medical Department Activity, Fort Bragg, NC, memorandum, Subject: Update AMEDD Professional Officer Filler System (PROFIS) Assignments, dated 12 July 1989
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 applicants military record shows she was appointed a second lieutenant (2LT) in the U.S. Army Reserve (USAR) and she entered active duty on 8 September 1987. She was trained in and served in area of concentration (AOC) 66H (Medical Surgical Nurse).
3. The applicants Officer Record Brief (ORB) contains a blank entry in Section I (Assignment Information) under the heading Overseas Duty.
4. The applicants Official Military Personnel File (OMPF) contains a DA Form 67-8 (Officer Evaluation Report (OER)) that rated her as a Clinical Staff Nurse from 29 January 1990 through 16 August 1990. Part VII (Senior Rater) of this document includes the statement This OER was precipitated by the deployment of the officer and rater to the 28th CSH in support of Operation Desert Shield.
5. Headquarters, XVIII Airborne Corps, Fort Bragg, issued Orders 164-38 on
28 August 1990 directing the applicants reassignment to the 28th CSH no later than 28 August 1990. The additional instructions section of this order indicated that this reassignment was a no cost move to the government.
6. On 6 December 1990, the applicant was honorably released from active duty. The DD Form 214 issued at that time shows she completed 3 years, 2 months, and 29 days of creditable active duty service. Item 12f (Foreign Service) contains the entry 00 00 00.
7. A review of the applicants Defense Finance and Accounting Service (DFAS) military pay record fails to show she served in an area where hostile fire/imminent danger pay (HF/IDP) was authorized.
8. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Gulf War Roster. The applicants name is not listed on this roster.
9. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.
10. The separation documents instructions for Item 18 of the DD Form 214 state that for active duty Soldiers deployed with his or her unit, the following entry will be made "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214 should be corrected to reflect her service in the Persian Gulf.
2. The evidence of record contains no documents confirming the applicant served in the Persian Gulf or in any other oversea area during her active service.
3. Further, the applicants DFAS pay record is void of any indication that she ever served in a HF/IDP area and her name is not included among the list of names on the DA Gulf War Roster. Although the applicants OER ending
16 August 1990 indicates she was being prepared for deployment in support of Operation Desert Shield, there is no evidence to confirm this action was accomplished. Absent any evidence of record to corroborate she served in the Persian Gulf, there is an insufficient evidentiary basis upon which to grant the requested relief in this case.
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) AR20100007192
3
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