IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100020548
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 following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
20 July 1993:
* item 11 (Primary Specialty) - change military occupational specialty (MOS) to 77F (Petroleum Supply Specialist)
* item 18 (Remarks) - change the deployment completion date to October 1991 as shown on his DA Form 2A (Personnel Qualification Record,
Part I)
2. The applicant states his DA Form 2A shows his MOS as 77F and his combat tour/date in Saudi Arabia as October 1991.
3. The applicant provides:
* DA Form 2A
* DA Form 2-1 (Personnel Qualification Record)
* Army Board for Correction of Military Records (ABCMR) Docket AR20080001142, dated 15 July 2008
* ABCMR Docket AR20090005709, dated 26 August 2009
* a letter, dated 1 May 2007, from the U.S. Army Center of Military History, Fort Lesley J. McNair, Washington DC
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 in the Regular Army on 28 November 1989 for a period of 3 years. He completed basic combat and advanced individual training and was awarded MOS 77F.
3. Item 6 (Military Occupational Specialties) of his DA Form 2-1 shows he was awarded the MOS 77F on 22 May 1990.
4. Item 4 (PMOS/ASI) of Section II (Qualification Data) of his DA Form 2A shows his primary MOS as 77F.
5. Item 16 (Last CBT Tour/Date) of Section IV (Service Data) of his DA Form 2A shows the date October 1991.
6. A Certificate of Achievement from the 6th Squadron, 6th U.S. Cavalry, dated 12 August 1991, cited him for outstanding achievement from 24 April to 15 June 1991 in preparation for and deployment to Operation Provide Comfort.
7. On 20 July 1993, he was released from active duty. Item 11 of his DD Form 214 shows his primary specialty as 52C (Utilities Equipment Repairer). Item 14 (Military Education) shows he completed 10 weeks of formal training as a petroleum supply specialist in June of 1990.
8. A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 6 October 2009, added the entry "Service in Iraq from 24 April 1991 to 15 June 1991" to item 18 of his DD Form 214.
9. Table 5-3 of Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides instructions for completing the DA Form 2A:
a. Item 4 of Section II shows the MOS designated as primary.
b. Item 16 of Section IV shows the area, code, and year and month completed of the last combat tour during which an active Army Soldier received hostile fire pay in an overseas area.
10. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his 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 deployed to and the inclusive dates.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 2-1 and DA Form 2A both show his primary MOS as 77F. His DD Form 214 shows he completed 10 weeks of formal instruction as a petroleum supply specialist. The preponderance of the evidence in this case shows his primary MOS was 77F. Therefore, item 11 of his DD Form 214 should be changed to show primary MOS 77F.
2. The exact dates of his deployment to Iraq are not a matter of record. However, the dates shown on the certificate of achievement, 24 April - 15 June 1991 are accepted as the dates he was in Iraq. His DA Form 2A shows he completed his last combat tour in Saudi Arabia in October 1991. Therefore, based on the evidence available it would be appropriate to change the deployment entry in item 18 of his DD Form 214 to show "Service in Iraq/Saudi Arabia from 24 April 1991 to October 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 making the following amendments to his DD Form 214:
* item 11 - change to show 77F instead of 52C
* item 18 - delete: Service in Iraq from 24 April 1991 to 15 June 1991
* item 18 - add: Service in Iraq/Saudi Arabia from 24 April 1991 to October 1991
____________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) AR20100020548
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ABCMR Record of Proceedings (cont) AR20100020548
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