BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025484
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia.
2. The applicant states he deployed with his unit, Headquarters and Headquarters Company (HHC), 11th Signal Battalion, from Germany to Israel in support of Operation Desert Shield/Storm.
3. The applicant provides 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's records show he enlisted in the Regular Army (RA) on 11 June 1986 and held military occupational specialty 31M (Multichannel Transmission Systems Operator). He also executed a reenlistment on 17 November 1988 and attained the rank/grade of private first class/E-3.
3. His records also show he served in Germany from 27 December 1986 to 8 November 1991. He was assigned to the HHC, 11th Signal Battalion.
4. He was honorably released from active duty on 13 November 1991 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.
5. His DD Form 214 shows he completed 5 years, 5 months, and 3 days of creditable active service, of which 4 years, 10 months, and 16 days was foreign service shown in item 12f (Foreign Service). Additionally:
a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver - W Bar
* Driver and Mechanic Badge with Operator - S Bar
b. Item 18 (Remarks) does not show service in an imminent danger pay/hazardous fire pay area.
6. The applicant's name is shown on the Gulf War Roster as having served in Southwest Asia from 13 February 1991 to 5 April 1991.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. Item 12f shows the total amount of foreign service covered by the DD Form 214. Item 18 shows various entries including, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
The applicant did not indicate his exact dates of service in Southwest Asia; however, the Gulf War Roster lists his name as having served in Southwest Asia from 13 February 1991 to 5 April 1991. Therefore, he is entitled to correction of his DD Form 214 to show the correct period of foreign service.
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 to item 18 of his DD Form 214 the entry "Service in Southwest Asia from 13 February 1991 to 5 April 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) AR20100025484
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025484
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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