IN THE CASE OF:
BOARD DATE: 10 August 2010
DOCKET NUMBER: AR20100007589
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 service in Southwest Asia during the Gulf War and deployment dates.
2. He states his DD Form 214 does not reflect his start and end dates for his service during the Gulf War.
3. He provides no documentation 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 military records show he enlisted in the Regular Army on 6 December 1984. He completed training and was awarded military occupational specialty 11B (Infantryman).
3. A review of the Gulf War Roster shows the applicant served from 1 October 1990 through 7 April 1991.
4. He served continuously on active duty through several reenlistments until he was honorably discharged on 22 July 2002. He was credited with completing 17 years, 7 months, and 22 days of net active service. He was also credited with completing 2 years, 8 months, and 2 days of foreign service in Item 12f (Foreign Service) of his DD Form 214. Item 18 of this DD Form 214 does not show the dates of his deployment.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicant enlisted in the Regular Army on 6 December 1984 and served continuously until his honorable discharge on 22 July 2002. His DD Form 214 does not show he served during the Gulf War from 1 October 1990 to 7 April 1991. Therefore, item 18 of his DD Form 214 should be corrected to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910407.
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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding to Item 18 of his DD Form 214 the entry SERVICE IN SOUTHWEST ASIA FROM 19901001-19910407; and
b. providing him a correction document as a result of this correction.
_______ _ 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) AR20100007589
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100007589
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