BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013783
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 Desert Storm service.
2. The applicant states:
* he served honorably for 25 years
* he deployed numerous times
* the time he served in Desert Storm should be added to his record
3. The applicant provides his Bronze Star Medal Certificate, dated 28 May 1991, and Permanent Orders 33-08, dated 22 May 1971.
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 14 August 1979. He completed training as a communications maintenance specialist. He remained on active duty through continuous reenlistments and extensions.
3. On 31 August 2004, the applicant retired due to obtaining sufficient service for retirement.
4. Item 18 (Remarks) on the DD Form 214 he received does not show the dates of his service in Kuwait during Operation Desert Storm.
5. The applicant submits copies of Headquarters, 1st Infantry Division (Mechanized) Permanent Orders 33-08 and his Bronze Star Medal Certificate, which show he was awarded the Bronze Star Medal for meritorious service from 17 January to 3 March 1991, during Operation Desert Storm.
6. Information retrieved from the Gulf War Deployment Roaster maintained on the Army Review Boards Agency portal shows the applicant's deployment dates as 6 January through 12 May 1991.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It states the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty, retirement, or discharge. It states "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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. Results of a Gulf War Deployment Roaster shows he deployed from 6 January 1991 through 12 May 1991. Item 18 on his DD Form 214 should be corrected to show these dates as his dates of service during Operation Desert Storm.
3. In view of the foregoing, his records should be corrected as recommended below.
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 amending item 18 on his DD Form 214 to show "SERVICE IN SOUTHWEST ASIA FROM 19910106-19910512."
_______ _ 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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