IN THE CASE OF:
BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100009758
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his foreign service in Saudi Arabia and Iraq in support of Operation Desert Shield/Storm from August 1990 to April 1991.
2. The applicant states that his foreign service was not entered in Item 13 [appears the applicant misread the number 18] of his DD Form 214.
3. The applicant provides a copy of his DD Form 214 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 applicants military record shows he enlisted in the Regular Army on 11 August 1989. He was trained in and awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).
3. Item 5 (Overseas Service) of the applicants DA Form 2-1 (Personnel Qualification Record) indicates he served in Saudi Arabia from 29 August 1990 to 6 April 1991.
4. On 10 August 1993, the applicant was honorably released from active duty by reason of expiration term of service. The DD Form 214 issued at that time shows he completed 4 years of creditable active duty service.
5. Item 12f (Foreign Service) of the DD Form 214 shows the applicant completed 7 months and 8 days foreign service. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the applicant earned the following awards during his tenure on active duty:
* Army Lapel Button
* Army Service Ribbon
* Army Good Conduct Medal
* Kuwait Liberation Medal
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar
6. Item 18 (Remarks) of the DD Form 214 does not include an entry identifying the applicants deployed service.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It provides that item 13 will contain the Soldier's awards and decorations for all periods of service. It further provides that item 18 (Remarks) will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his foreign service in Saudi Arabia and Iraq in support of Operation Desert Shield/Storm.
2. The evidence of record confirms the applicant served in Saudi Arabia from 29 August 1990 to 6 April 1991, as evidenced by his DA Form 2-1 and the entry contained in item 12f of this DD Form 214 that documents this exact period of 7 months and 8 days foreign service. As a result, it would be appropriate to add in item 18 of his DD Form 214 an entry to document his deployed service.
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 to amend the applicants DD Form 214 to add to Item 18 the entry "SERVICE IN SAUDI ARABIA FROM 19900829-19910426" and by issuing a correction to the DD Form 214 to reflect these changes.
__________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) AR20100009758
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100009758
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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