IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110016408
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 that his records be corrected to show he served in the Desert Shield/Storm theater of operations.
2. The applicant states that he served in the Desert Shield/Storm theater of operations and it is not reflected on his DD Form 214.
3. The applicant provides no additional documents with his 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 25 July 1989 for a period of 3 years and 14 weeks. He completed his one-station unit training (OSUT) at Fort Benning, Georgia and was transferred to Fort Ord, California.
3. He served until he was honorably released from active duty (REFRAD) on 30 October 1992 due to the expiration of his term of service (ETS). He had served 3 years, 3 months, and 5 days of active service and 1 month and 9 days of foreign service in Panama during Operation Just Cause.
4. A review of his records failed to show any evidence that the applicant deployed to Southwest Asia (SWA) in support of Operation Desert Shield/Storm. Additionally, a search of the Gulf War Deployment Roster failed to show the applicant deployed to SWA.
5. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that only foreign service performed during the period covered by the DD Form 214 will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he served in the SWA theater of operations is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application that such was the case.
2. A review of the applicants records fails to indicate that he served in SWA during Operation Desert Storm/Shield.
3. Therefore, in the absence of such evidence, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X __ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20110016408
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110016408
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090008812
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf during Operations Desert Shield/Desert Storm and to show the service medals for this foreign service. The applicant provides no additional documents in support of his application. This information is accepted as sufficient evidence as a basis to amend item 18 of his DD Form 214 to show the entry: "SERVICE IN SWA FROM 19910202-19910503."
ARMY | BCMR | CY2014 | 20140019712
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm and all applicable awards for this period. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Block 13 of his DD Form 214 by adding the Southwest Asia Service Medal with two bronze service stars, the Kuwait...
ARMY | BCMR | CY2010 | 20100019418
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait and to show all his medals and awards. Therefore, information contained in the Desert Shield/Storm Data Base appears to be correct and is sufficient evidence to correct his records to show his service in SWA from 1 September 1995 to 31 October 1995 (2 months).
ARMY | BCMR | CY2013 | 20130009860
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm during the period 13 January 1991 through 3 May 1991. The applicant's request for correction of his DD Form 214 for the period ending 12 December 1994 to show his service in SWA during Operations Desert Shield and Desert Storm was carefully considered. The evidence of record shows he...
ARMY | BCMR | CY2010 | 20100007393
Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWA Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. Therefore, information contained in the Desert Shield/Storm Data Base appears to be correct and is sufficient evidence to correct his records to show his service in SWA from 1 October 1990 to 15 May 1991 (7 months and 15 days). As...
ARMY | BCMR | CY2014 | 20140008909
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment in Southwest Asia (SWA) in support of Operations Desert Shield/Desert Storm. The memorandum for record from the applicant's commanding officer is accepted as sufficient evidence with which to correct item 18 of her DD Form 214 to show her dates of service in SWA. Therefore, her DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2011 | 20110002083
Application for correction of military records (with supporting documents provided, if any). The Desert Shield/Storm Data Base does not show the applicant served in Southwest Asia. Absent evidence confirming the period of the applicants actual service in SWA, or that shows he was regularly assigned or serving in a unit participating in ground or shore operations in SWA, or that he completed 30 consecutive or 60 non-consecutive days of service in SWA in a TDY status, the regulatory...
ARMY | BCMR | CY2008 | 20080013996
A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. The certificate he provided showing he participated in Operation Desert Storm does not show his inclusive dates of deployment to SWA. If the applicant discovers additional corroborating evidence to show his inclusive dates of assignment in SWA at a future date, he may resubmit his request to this Board.
ARMY | BCMR | CY2014 | 20140017459
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Operation Desert Storm from 14 December 1990 to 17 May 1991. He provides his: * DD Form 214 * DA Form 2-1 (Personnel Qualification Record) * Orders 255-36, dated 23 October 1992 CONSIDERATION OF EVIDENCE: 1. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2010 | 20100008460
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf region during Operation Desert Storm and awards earned as a result of this service. _______ _ 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...