IN THE CASE OF:
BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100017776
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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Operation Desert Storm service.
2. The applicant states his DD Form 214 does not show his service during Operation Desert Storm.
3. The applicant provides a copy of his National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) as supporting documentary evidence with 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. With prior service in the Mississippi Army National Guard (MSARNG), the applicant again enlisted in the MSARNG on 19 July 1989. He completed training and was awarded military occupational specialty 19K (Armor Crewman).
3. On 7 December 1990, the applicant was ordered to active duty in support of Operation Desert Shield, by Orders 56-9, issued by Headquarters, Second Battalion, 198th Armor, MSARNG. The stated period ordered to active duty was 180 days.
4. The applicant was honorably released from active duty on 9 May 1991. The DD Form 214 he was issued shows he completed 5 months and 3 days of net active service this period. Item 18 does show the statement ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM IAW (in accordance with) 10 USC (U.S. Code) 6738.
5. Item 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 does not show any foreign service credit.
6. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm. For Reservists and Guard members the file includes those persons activated or federalized from
2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.
7. The DMDC Desert Shield/Storm Data Base is devoid of information showing that the applicant deployed.
8. The applicant provided a copy of his NGB Form 22 for the period ending 16 March 1992 that shows he was ordered to active duty for training for two periods. The first period was from 8 September 1989 to 23 November 1989. The second period was from 7 December 1990 to 9 May 1991 in support of Operation Desert Shield/Desert Storm.
9. In the preparation of this record of proceedings, a staff member for the ABCMR researched the unit history files of the 155th Armored Brigade, MSARNG. This unit mobilized at its home stations and then reported to Camp Shelby, MS, its mobilization station. Upon completion of initial mobilization training, the unit moved to Fort Hood, TX where it then traveled to Fort Irwin, CA for training and qualification at the National Training Center. The site, www.history.army.mil/books/DAHSUM/1990-91/ch08.htm, states this specific ARNG brigade was not sent to SAUDI ARABIA WITH THEIR PARENT ACTIVE COMPONENT DIVISION(S).
DISCUSSION AND CONCLUSIONS:
1. The DMDC Desert Shield/Storm Data Base does not show the applicant deployed to Saudi Arabia. A historical summary from the Department of Army shows the applicant's brigade, the 155th Armored Brigade, was mobilized but did not deploy into the combat theater of operation with its active component division.
2. Based on the evidence of record, the applicant's DD Form 214 does record his mobilized service in support of Operation Desert Shield/Desert Storm. However, since there is no record to show he deployed and participated in a foreign theater of operations, he is not entitled to have his record corrected to show a foreign service tour.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ ___X___ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100017776
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017776
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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