IN THE CASE OF:
BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20100014086
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 document his service performed in an imminent danger pay (IDP) area from 28 September 1990 to 3 April 1991.
2. The applicant states that his service performed during Operation Desert Shield/Desert Storm from 28 September 1990 to 3 April 1991 should be documented on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, deployment orders, Deployment Environmental Surveillance Program Internet document extract, and an undated memorandum, subject: Certification of Operation Desert Storm Participation.
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 record shows he enlisted in the Regular Army on 8 September 1987. He was trained in and awarded military occupational specialty (MOS) 63D (Self-Propelled Field Artillery System Mechanic).
3. On 14 January 1991, Personnel Service Center, Fort Riley, KS issued Orders 9-12. These orders directed the applicant to deploy in support of Operation Desert Shield for 180 days effective 11 September 1990. It also indicates he would be attached to Headquarters and Headquarters Battery, 5th Battalion, 18th Field Artillery Regiment, Fort Sill, OK.
4. On 7 June 1991, 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 3 years and 9 months of creditable active duty service of which 2 years, 5 months, and 8 days was foreign service.
5. Item 18 (Remarks) does not include an entry referencing the applicants deployment.
6. A review of the Gulf War Deployment Roster shows the applicant served in the Gulf War area of operations during the period 1 October 1990 to 31 May 1991.
7. The applicant provides an undated Headquarters, 214th Field Artillery Brigade, Fort Sill, memorandum. It indicates the applicant participated in Desert Storm from 28 September 1990 to 3 April 1991 while assigned to Service Battery, 5th Battalion, 18th Field Artillery Regiment under unit orders number 185-34, dated 27 September 1990. The applicant did not provide a copy of these orders and a copy is not in the available records.
8. The applicant also provides a Deployment Environmental Surveillance Program internet document extract entitled "Gulf War Fires" which shows the
5th Battalion, 18th Field Artillery was deployed from 1 October 1990 to 31 May 1991. This document does not identify the specific deployment location.
9. Army Regulation 635-5 (Separation Documents), currently in effect, 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains instructions for completing the DD Form 214. The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that his service performed in an IDP area in support of Operation Desert Shield/Desert Storm should be documented on his DD Form 214 was carefully considered and found to have merit. The Gulf War Deployment Roster and the independent evidence submitted by the applicant indicates he served in Southwest Asia from 1 October 1990 to 31 May 1991. However, the applicant's claims and the signed memorandum by the commander of his attached unit while deployed show he served in SWA from 28 September 1990 to 3 April 1991. As a result, it would be appropriate to correct item 18 of his DD Form 214 for the period ending 7 June 1991 to document his SWA service from 28 September 1990 to 3 April 1991."
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 adding to item 18 of his DD Form 214 for the period ending 7 June 1991 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910531."
_______________________
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) AR20100014086
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ABCMR Record of Proceedings (cont) AR20100014086
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