IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100009623 


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 item 18 (Remarks) on his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 
29 September 1992 and 31 December 2009 to show his dates of service in Southwest Asia.  

2.  The applicant states:

* there is no mention of his dates of service in Southwest Asia in support of Operations Desert Shield/Desert Storm (25 December 1990 to 4 May 1991) on his DD Forms 214 
* in 1992 he did not notice the mistake
* he is retired now and needs these dates shown on his DD Form 214 for Department of Veterans Affairs benefits

3.  The applicant provides:

* DD Forms 214 for the periods ending 29 September 1992 and 
      31 December 2009
* DA Form 2-1 (Personnel Qualification Record)
* Operation Desert Storm Tour Verification
* Recommendation for Award of Meritorious Service Medal and Below
* Award certificate for the Army Commendation Medal
* Certificates for his service in Operations Desert Shield/Desert Storm
* OKARNG Form 38 (Award of Medals, Ribbons and Appurtenances)
* Excerpts from Army Regulation 600-8-22 (Military Awards)
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.  Having prior active service in the Regular Army and inactive service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 
10 March 1982.  He served as a field artillery supervisor and remained on active duty through continuous reenlistments until he was honorably discharged on 
29 September 1992 under the voluntary early transition program. 

3.  The applicant's DD Form 214 for the period ending 29 September 1992 shows, among other awards, the Southwest Asia Service Medal (SWASM) with two bronze service stars and the Kuwait Liberation Medal as authorized awards.   Item 18 on this DD Form 214 does not show any deployments. 

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 shows he served in Saudi Arabia from 25 December 1990 to 4 May 1991.

5.  The applicant enlisted in the USAR on 9 March 2005.  He was ordered to active duty on 18 January 2008.  He served as a health care specialist and retired in the rank of master sergeant on 31 December 2009.

6.  The applicant's DD Form 214 for the period ending 31 December 2009 shows, among other awards, the SWASM with three bronze service stars, Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and Kuwait Liberation Medal awarded by the Government of Kuwait as authorized awards.  Item 18 on this DD Form 214 does not show any deployments. 

7.  Army Regulation 635-5 (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.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It also 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.

DISCUSSION AND CONCLUSIONS:

1.  The entry from item 5 on the applicant's DA Form 2-1 which shows he served in Saudi Arabia from 25 December 1990 to 4 May 1991 is accepted as sufficient evidence on which to amend item 18 on the applicant’s DD Form 214 for the period ending 29 September 1992 to show his dates of service in Southwest Asia.  Therefore, item 18 on the applicant’s DD Form 214 for the period ending 29 September 1992 should be corrected to show he served in Southwest Asia from 25 December 1990 to 4 May 1991.    
  
2.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.  
Since the applicant served in Southwest Asia in 1990/1991, there is no basis for granting his request to show these dates of service in Southwest Asia on his DD Form 214 covering the period 18 January 2008 to 31 December 2009.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 adding the entry, “SERVICE IN SOUTHWEST ASIA FROM 19901225-19910504” in block 18 on his DD Form 214 for the period ending 29 September 1992.


2.  The Board further determined that 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 amending item 18 on his DD Form 214 for the period ending 31 December 2009 to show his dates of service in Southwest Asia.  




      _______ _   _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)                                         AR20100009623





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)