IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100019828
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 the dates of his deployment to Saudi Arabia during the Gulf War from 2 January 1991 to 17 May 1991 be entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 2003.
2. The applicant states he was deployed to Saudi Arabia from 2 January 1991 to 17 May 1991 with Company B, 5th Battalion, 18th Infantry.
3. The applicant provides copies of his:
* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report)
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. The applicant enlisted in the Regular Army on 8 November 1977. He continued to serve until his retirement on 30 November 2003.
3. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/
Desert 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 Reserve/National Guard member or retiree who was activated or federalized in response to Operations Desert Shield/Desert Storm.
4. The DMDC Desert Shield/Desert Storm Data Base shows the applicant participated in theater during the period 1 January 1991 to 15 May 1991.
5. On 30 November 2003, the applicant retired and placed on the Retired List the following day. He completed 26 years and 23 days of active service. Item 18 (Remarks) of his DD Form 214 does not contain the dates of his deployment to Southwest Asia.
6. Army Regulation 635-5 (Separation Documents) states that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country to which deployed and the inclusive dates in "YYYYMMDD" format.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his dates of deployment should be entered on his DD Form 214.
2. The DMDC Desert Shield/Desert Storm Data Base shows the applicant participated in theater during the period 1 January 1991 to 15 May 1991.
3. Based on the applicant's service in Southwest Asia in support of Operations Desert Shield/Desert Storm, it is appropriate to include an entry in item 18 of his DD Form 214 to show his service in Southwest Asia by adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910515."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending item 18 of his DD Form 214 to include the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910515."
2. The Board further determined 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 any dates of deployment not listed in the DMDC Desert Shield/Desert Storm Data Base.
_______ _ 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) AR20100019828
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ABCMR Record of Proceedings (cont) AR20100019828
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