IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120006690
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.
2. The applicant states his Southwest Asia service from 9 January 1991 for 179 days in support of Operations Desert Shield/Desert Storm is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and orders attaching him to a unit at Fort Bragg, North Carolina.
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. On 2 February 1984, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 91V (Respiratory Specialist).
3. The applicant was assigned to the Federal Republic of Germany on or about 6 July 1984. He was advanced in rank to specialist four on 1 October 1985 and returned to the United States on or about 23 December 1985.
4. On 29 April 1988, the applicant was assigned for duty as a respiration specialist at the U.S. Army Medical Activity (USA MEDDAC), Fort Bragg.
5. The orders provided by the applicant attached him to the 912th Mobile Army Surgical Hospital (MASH), Fort Bragg, to provide support for Operation Desert Shield for a period of 179 days commencing on 9 January 1991. Upon completion of this duty, he was to return to his parent unit. The applicant was required to be "POR [preparation of overseas replacements] qualified prior to arrival at unit," indicating that he was to deploy with the 912th MASH.
6. On 1 April 1992, the applicant was discharged from active duty under the provisions of the Fiscal Year 1992 Enlisted Voluntary Early Transition Program. He completed 8 years and 2 months of creditable active duty service. His last unit of assignment was with the USA, MEDDAC, located at Fort Bragg.
7. Army Regulation 635-5 (Separation Documents), currently in effect, provides detailed instructions for completing separation documents, including the DD Form 214. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show 179 days of service in Southwest Asia in support of Operation Desert Shield beginning on 9 January 1991.
2. The available evidence shows the applicant was assigned to the USA MEDDAC in 1988 and was subsequently discharged from the Regular Army while still in this unit. There is no evidence of record corroborating his contention that he had complied with the orders attaching him the 912th MASH and had actually served in Southwest Asia.
3. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_____________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) AR20120006690
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ABCMR Record of Proceedings (cont) AR20120006690
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