IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021871
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 item 12f (Foreign Service) and Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his DD Form 214 does not reflect his Gulf War service.
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 applicants military record shows he enlisted in the Regular Army on 12 October 1990. He was trained in and awarded military occupational specialty 95B (Military Police).
3. The applicants DA Form 2-1 (Personnel Qualification Record) contains a blank entry in item 5 (Oversea Service). Item 35 (Record of Assignments) includes the entry which shows he was in route to Saudi Arabia on 22 February 1991.
4. The applicants Official Military Personnel File (OMPF) contains no other documents to show he ever arrived in Saudi Arabia or was assigned for duty in there or any other oversea area.
5. On 2 August 1991, the applicant was discharged from active duty under the provisions of paragraph 14-12b, Army Regulation 635-200. The DD Form 214 issued at that time shows he completed 9 months and 21 days of creditable active duty service. Item 12f (Foreign Service) contains the entry 00 00 00.
6. Item 13 of the DD Form 214 shows he earned the following awards during his tenure on active duty:
* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with M16 Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade and Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
7. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Gulf War Roster. The applicants name is not listed on this roster.
8. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.
9. The separation documents instructions for Item 18 of the DD Form 214 state that for active duty Soldiers deployed with his or her unit, the following entry will be made "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to reflect his service in the Persian Gulf and his entitlement to awards for this service.
2. The evidence of record contains no documents confirming the applicant served in the Persian Gulf or in any other oversea area during his active service.
3. Further, the applicants name is not included among the list of names on the DA Gulf War Roster. Although the applicants DA Form 2-1 includes an entry which shows he was in route to Saudi Arabia, there is no evidence to confirm this action was accomplished. Absent any evidence of record to corroborate he served in the Persian Gulf, there is an insufficient evidentiary basis upon which to document any foreign service or his entitlement to any awards for this service on his DD Form 214.
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) AR20100021871
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ABCMR Record of Proceedings (cont) AR20100021871
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