BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110012672
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 APPLICANTS 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 served overseas in Southwest Asia (SWA).
2. The applicant states he was assigned to Battery C, 5th Battalion, 7th Air Defense Artillery in Hanau, Germany. In January 1995, the unit received orders to deploy to Riyadh, Saudi Arabia, and he served at Eskan Village Air Force Base in SWA from 10 January to 5 June 1995.
3. The applicant provides a copy of a buddy statement in support of his request.
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 applicant's 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 applicant's 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 (RA) on 12 February 1991. He was awarded military occupational specialty (MOS) 54B (Chemical Operations Specialist).
3. The applicant reenlisted in the RA on 5 October 1993.
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:
a. item 5 (Oversea Service): Germany from 25 September 1994 through
14 March 1997; and
b . item 35 (Record of Assignments): 5th Battalion, 7th Air Defense Artillery, Hanau, Germany, from 29 September 1994 through 13 March 1997.
5. The applicant's DD Form 214 shows he entered active duty this period on
12 February 1991 and he was honorably discharged on 20 February 1998. He completed 7 years and 9 days of net active service. It also shows in:
a. item 12 (Record of Service), block f (Foreign Service): 2 years, 5 months, and 20 days; and
b. item 18 (Remarks) does not show the applicant deployed with his unit to SWA or the period of such a deployment.
6. In support of his request, the applicant provides a letter from Sergeant First Class (SFC) Bruce A. J----, U.S. Army (Retired), dated 18 May 2011. SFC J---- states that he and the applicant were both assigned to Battery C, 5th Battalion, 7th Air Defense Artillery, Hanau, Germany. The applicant was the company's Nuclear, Biological, and Chemical Noncommissioned Officer. They deployed with the unit to Riyadh, Saudi Arabia, and served at Eskan Village Air Force Base in SWA from 10 January to 5 June 1995.
7. Information retrieved from the Gulf War Deployment Roster shows the applicant was deployed to SWA from 1 January through 31 May 1995.
8. Department of Defense Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay),
chapter 10 (Special Pay - Duty subject to hostile fire or imminent danger), paragraph 1001 (Entitlement Provisions), provides that hostile fire pay/imminent danger pay (HFP/IDP) is payable in the full amount without being prorated or reduced, for each month, during any part of which a member qualifies. The appropriate commander shall certify that the member has met the requirements for entitlement to HFP/IDP for a given month.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2, paragraph 2-4, contains item-by-item instructions for completing the DD Form 214.
a. Item 18 states use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.
b. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contends that he served in SWA from 10 January to 5 June 1995 and he provides a statement from an NCO who served in SWA with him.
2. The Gulf War Deployment Roster shows the applicant was deployed to SWA from 1 January to 31 May 1995.
3. While the evidence is conflicting with respect to the dates of service in SWA, the evidence of record does show the applicant served in SWA.
a. The Gulf War Deployment Roster generally shows the period the Soldier was authorized HFP/IDP for a given month during the period of the deployment.
b. Based on the available evidence, it would be appropriate to correct the applicant's DD Form 214 to show he served in SWA from 10 January through
5 June 1995.
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: "SERVICE IN SOUTHWEST ASIA FROM 19950110-19950605."
_______ _ 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.
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