IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100007425
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 show he was medically evacuated from the Gulf War zone.
2. The applicant states his DD Form 214 is missing the data that shows he was medically evacuated from the Gulf War zone. He was medically evacuated from the Evacuation Hospital at King Khalid Military City (Saudi Arabia) to Germany due to a severe injury to his right knee. The injury was severe enough that he was returned to his unit in Germany.
3. The applicant provides no additional documents 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. After having prior active and inactive service, the applicant enlisted in the Regular Army on 30 October 1979. He continued to serve on active duty through two reenlistments.
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia (SWA) from 28 November 1990 to 2 April 1991.
4. Item 35 (Record of Assignments) on his DA Form 2-1 shows he was reassigned from Company D, 122nd Main Support Battalion/Operation Desert Shield, Desert Storm to Company I, 4th Aviation Regiment in Germany on 2 April 1991.
5. The applicant completed a Standard Form 93 (Report of Medical History) on 17 March 1992 in which he marked Yes in Block 19 and stated he was a patient at the 97th General Hospital and he was medically evacuated from Kuwait because of a knee injury.
6. The applicant was honorably discharged on 20 March 1992. Item 18 (Remarks) on his DD Form 214 shows the entry SERVICE IN SWA 28 NOV 1990 TO 2 APR 1991.
7. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. It states that item 18 is used for entries required by Headquarters, Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in SWA from 28 November 1990 to 2 April 1991 in support of Operation Desert Shield/Desert Storm. This foreign service is recorded in item 18 on his DD Form 214.
2. Although the applicant contends his DD Form 214 is missing the data that shows he was medically evacuated from the Gulf War zone, Army Regulation 635-5 does not provide guidance for this entry to be recorded on the DD Form 214. Therefore, there is no basis for granting the applicants request.
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) AR20100007425
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ABCMR Record of Proceedings (cont) AR20100007425
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