IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110019995
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 service in support of Operation Desert Shield/Desert Storm from 1 January to 30 May 1991.
2. He states he doesnt know why his DD Form 214 doesnt show he served in support of Desert Shield/Desert Storm from 1 January to 30 May 1991, but he has a copy of his deployment orders.
3. He provides his deployment orders, DA Form 2-1 (Personnel Qualification Record Part II), and DD Form 214.
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 April 1975 and he continued to serve on active duty until he was retired on 31 March 1999.
3. He provided the following documents:
a. Department of the Army, 369th Personnel Service Company, 7th Personnel Group, Operation Desert Storm, Orders 3-51, dated 3 February 1991, which show he was reassigned to the 7th Corps Artillery, APO (Army Post Office), NY 09306 (Saudi Arabia) with a reporting date of 4 February 1991.
b. DA Form 2-1, which shows he served in Saudi Arabia, an imminent danger pay area, from 1 February to 24 April 1991 and he was issued the Southwest Asia Service Medal with three bronze service stars.
c. DD Form 214, which shows he completed 6 years, 7 months, and 1 day of foreign service and he was awarded or authorized the Kuwait Liberation Medal (Saudi Arabia) and the Southwest Asia Service Medal with three bronze service stars. It does not show the country or duration of his deployment to Southwest Asia.
4. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part, it states that item 18 is used for entries required by Headquarters, Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks. Paragraph 18(f)(2) states the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he served in support of Operation Desert Shield/Desert Storm from 1 January to 30 May 1991. However, the evidence of record shows he served in Southwest Asia from 1 February to 24 April 1991 in support of Operation Desert Shield/Desert Storm.
2. Therefore, it would be appropriate to amend item 18 of his DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19910201 - 19910424."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X ___ ___X ___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to show the entry SERVICE IN SOUTHWEST ASIA FROM 19910201 - 19910424."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show he served Southwest Asia in support of Operation Desert Shield/Desert Storm from 1 January to 30 May 1991.
___________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) AR20110019995
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ABCMR Record of Proceedings (cont) AR20110019995
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