BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009390
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 deployed overseas service in support of Operations Desert Shield/Desert Storm from August 1990 to May 1991.
2. He states the remarks showing his deployment are not on his DD Form 214. He further states as a veteran, he deserves to have this documented on his DD Form 214.
3. The applicant provides no additional documentation.
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 30 November 1988. He was awarded military occupational specialty (MOS) 57E (Laundry and Bath Specialist) and later MOS 76J (Medical Supply Specialist).
3. He was honorably released from active duty on 6 December 1997 at the completion of required active service and he was transferred to an Army National Guard unit in Maryland. He completed 9 years and 7 days of creditable active service. The DD Form 214 he was issued at the time shows in:
* item f (Foreign Service) the entry "0001 00 01," indicating he completed 1 year and 1 day of foreign service during the period covered by his
DD Form 214
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), among other awards, the Southwest Asia Service Medal and the Kuwait Liberation Medal
* item 18 (Remarks) no entry for his deployed service
4. The Gulf War Deployment Roster shows those Soldiers who served in the Persian Gulf War. Review of this list shows the applicant's name for service in the Persian Gulf War during the period 1 September 1990 to 28 March 1991.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The current version of this regulation states for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant contends he served in support of Operations Desert Shield/Desert Storm from August 1990 to May 1991. The Gulf War Deployment Roster shows he deployed in support of the Gulf War from 1 September 1990 to 28 March 1991. His DD Form 214 shows he was awarded the Southwest Asia Service Medal and the Kuwait Liberation Medal that further confirming he served in Southwest Asia in support of Operations Desert Shield/Dessert Storm. However, only his service from 1 October 1990 through 28 March 1991 can be substantiated by the available evidence. Therefore, it would be appropriate at this time to correct his DD Form 214 show the confirmed period of deployment.
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 adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 - 19910328."
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 showing his deployed service for the period August 1990 through 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) AR20120009390
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ABCMR Record of Proceedings (cont) AR20120009390
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