BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110004626
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 he was in Operation Desert Shield/Storm and his overseas service.
2. The applicant states:
* his DD Form 214 does not show that he was in Operation Desert Shield/Storm or that he was in Saudi Arabia at the Port of Jabaul waiting for his company's equipment to arrive
* he had a medical issue with his back and went to the Navy hospital and he informed the doctors that he had the issues before he left the states
* the doctors asked why he was there and he stated that his commanding officer said they would have the equipment to do the tests that he needed
* the doctors had no MRI equipment and he was evacuated back to the states to get the medical attention that he needed
* he was flown to Landstuhl Germany awaiting a flight back to the states
* he believes he left Fort Hood, Texas in August 1990 en-route to Saudi Arabia
3. The applicant provides copies of his Leave and Earnings Statements (LESs) for the period 1 November through 30 November 1990 and 1 December through 31 December 1990. He also submits a copy of his DA Form 137 (Installation Clearance Record).
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 11 August 1988. He completed training as a track vehicle repairer.
3. He was honorably discharged with severance pay on 12 June 1991 due to physical disability.
4. Item 12f (Foreign Service) on his DD Form 214 shows he had "00 Year(s), 00 Month(s), 00 Day(s)" of foreign service. Item 18 (Remarks) does not show he served in Operation Shield/Storm or that he had service in Saudi Arabia.
5. The applicant submits an LES for the period 1 November through 30 November 1990 showing he received oversea pay and danger pay during that period of service. He also submits an LES for the period 1 December through 31 December 1990 which shows he received oversea pay and danger pay during this period of service. This LES shows that the oversea pay and the danger pay he received during October 1990 and November 1990 was collected and stopped.
6. The applicant's records show he was in Saudi Arabia at some point between 1 October 1990 and 1 November 1990. However, the exact dates of his service are not shown on any document contained in his official record.
7. Information retrieved from the Gulf War Deployment Roaster maintained on the Army Review Boards Agency portal shows the applicant's deployment dates as 1 October 1990 through 31 January 1991. Special Orders Number 304-05 contained in his record relieved him from the Medical Health Center, 2nd General Hospital, Landsthul, Germany, and attached him to Darnall Army Community Hospital, Fort Hood, Texas, effective 31 October 1990.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service, as it existed on the date of REFRAD or discharge. It states:
* Item 12f From the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).
* In 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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18. Only deployment in an imminent danger/hostile fire zone will be reflected.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting documents have been considered.
2. Although there is evidence in his record showing he was in Saudi Arabia for a period of time, there are no orders in his official record showing his exact dates of service in Saudi Arabia. The dates of his foreign service and the locations in which he served are not clearly shown in the available records. It would not be appropriate to amend his DD Form 214 at this time.
3. If the applicant has, or is able to obtain, evidence such as orders and/or pay records showing the exact dates of his deployment and the locations to which he was deployed, he may reapply to the Board for reconsideration.
4. In view of the foregoing, his request should be denied.
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) AR20110004626
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