IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120012662
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 item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Saudi Arabia during Desert Shield/Desert Storm from 1 December 1990 to 5 May 1991.
2. The applicant states the error occurred because the information was not taken from her Enlisted Record Brief (ERB). She did not realize her foreign service in Southwest Asia was not listed with her Iraq and Kuwait tours until a sergeant major reviewed her DD Form 214 and told her it was not annotated.
3. The applicant provides her DD Form 214, orders, and her ERB.
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's records show she enlisted in the Regular Army on 9 April 1990 and she held military occupational specialties 91Z (Mechanical Maintenance Supervisor), 63W (Wheeled Vehicle Repairer), 63H (Tracked Vehicle Mechanic), and 63X (Vehicle Maintenance Supervisor).
3. She was honorably retired from active duty on 30 June 2012 and she was transferred to the Retired List on 1 July 2012. She completed 22 years, 2 months, and 22 days of net active service.
4. The DD Form 214 the applicant was issued does not reflect any foreign service in Southwest Asia.
5. The applicant provides an ERB, dated 20 June 2012, which shows in pertinent part, she served in Southwest Asia from 1 December 1990 to 5 May 1991 while assigned to the 317th Maintenance Battalion, Germany.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in Southwest Asia from 1 December 1990 to 5 May 1991, which is not shown on her DD Form 214. Therefore, her DD Form 214 should be corrected to show this foreign service.
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
adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901201-19910505."
_______ _ __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) AR20120012662
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ABCMR Record of Proceedings (cont) AR20120012662
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