BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100014847
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 that his period of service in Kuwait during Operation Desert Storm be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he remained in Kuwait longer than the rest of his unit and when he did transfer back to Germany his unit was disbanded.
3. The applicant provides a copy of his DD Form 214.
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 enlisted on 7 September 1989, completed training, and was awarded military occupational specialty 19K (M1 Abrams Armor Crewman).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows he was assigned to Company B, 4th Battalion, 70th Armor Regiment in Germany from 8 October 1990 through 13 May 1992.
4. The Persian Gulf War Registry shows the applicant served in Kuwait from 1 January 1991 - 31 May 1991.
5. The applicant was honorably released from active duty on 30 August 1992. His DD Form 214 shows 2 years, 4 months, and 10 days of foreign service. There is no entry on the DD Form 214 showing the location of his foreign service or participation in Operation Desert Storm.
6. 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 establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part it states block 18 (Remarks) is to be used for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14. For an active duty Soldier deployed with their unit an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" is to be included.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he remained in Kuwait longer than the rest of his unit and when he did transfer back to Germany his unit was disbanded.
2. The applicant served in Kuwait during Operation Desert Storm from 1 January 1991 - 31 May 1991.
3. Therefore , it is appropriate to enter at block 18 on the DD Form 214 the following statement; "SERVICE IN KUWAIT FROM 19910101-19910531."
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 the following statement at block 18 on the DD Form 214: "SERVICE IN KUWAIT FROM 19910101-19910531."
_______ _ 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) AR20100014847
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