IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120003762
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 foreign service credit.
2. The applicant states:
* item 12f (Foreign Service) of his DD Form 214 does not indicate any foreign service
* he was awarded the following, but his time overseas is not shown on his DD Form 214:
* Southwest Asia Service Medal (SWASM) with 3 bronze service stars
* Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU)
* Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA)
3. The applicant does not provide any additional evidence.
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 26 June 1984. He completed training and was awarded military occupational specialty 88Z (Transportation Senior Sergeant). On 30 September 2004, the applicant was retired and placed on the Retired List on 1 October 2004. The highest rank/grade he attained while on active duty was master sergeant/E-8. He completed 20 years, 3 months, and 5 days of creditable active military service.
3. A review of the Gulf War Deployment Roster shows the applicant served in Southwest Asia from 1 October 1990 to 24 April 1991.
4. The applicant's DD Form 214 does not show any foreign service or deployments, but does show Persian Gulf War service medals.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Chapter 2 states that 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 Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his foreign service credit was carefully considered and determined to have merit.
2. The applicant received Persian Gulf War service medals and his name appears on the Gulf War Roster showing he served in Southwest Asia during the period 1 October 1990 through 24 April 1991. Therefore, he is entitled to correction of his DD Form 214 to show this deployment and foreign service credit.
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:
a. Amending item 12f of his DD Form 214 to show his foreign service as 6 months and 24 days.
b. Adding to item 18 of his DD Form 214 "SERVICE IN SOUTHWEST ASIA FROM 19901001 - 19910424."
__________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) AR20120003762
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