IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110003906
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 Item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect 9 months.
2. The applicant states she served in combat for 9 months in Saudi Arabia during Operation DESERT STORM, during the period August 1990 to May 1991.
3. The applicant does not provide any evidence in support of her 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. The applicant enlisted in the Regular Army on 1 September 1989. She completed training and was awarded military occupational specialty 88M (Motor Transport Operator). The highest grade/rank she attained while on active duty was specialist /E-4.
3. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) reflects she served in Saudi Arabia during the period
23 September 1990 to 24 April 1991.
4. Her DD Form 214 shows 7 months and 2 days of Foreign Service.
5. Her DD Form 214 shows service in Southwest Asia during the period 23 September 1990 to 24 April 1991.
6. There is no evidence in the available record to show she had 9 months of Foreign Service in Saudi Arabia.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that:
a. the total amount of foreign service completed during their continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form;
b. for item 18, 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)" will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change her DD Form 214 to reflect 9 months of Foreign Service in support of Operation DESERT STORM was carefully considered; however, there is insufficient evidence to support her request.
2. The available military personnel records are devoid of any evidence and she has not provided any evidence showing she served in Saudi Arabia for 9 months; therefore, she is not entitled to correction of her record to show additional Foreign Service time.
3. Based on the foregoing, there is insufficient evidence to award the applicant additional Foreign Service time.
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) AR20110003906
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