IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012858
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 February 2012 to show he served during Operation Desert Shield/Desert Storm.
2. He states upon his review of this DD Form 214 he asked if his Desert Shield/
Desert Storm service should have also been listed like his Afghanistan and Iraq deployments. The clerk stated it was too late to make the correction and to request a DD Form 215 (Correction to DD Form 214).
3. He provides:
* Enlisted Record Brief (ERB)
* two certificates of recognition for service in Kuwait
* Desert Shield/Desert Storm Certificate of Achievement
* DD Forms 214 for the periods ending 2 September 1999, 21 July 2003,
15 October 2004, and 29 February 2012
* 2012 retirement orders
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 initially enlisted in the Regular Army (RA) on 27 December 1984.
3. The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War (Desert Shield/Storm). This list shows he served in the Persian Gulf War from 1 October 1990 through 25 July 1991.
4. He served continuously on active duty through two reenlistments until he was honorably released from active duty on 2 September 1999. His DD Form 214 for this period of service does not list his Desert Shield/Desert Storm service.
5. He enlisted in the Virginia Army National Guard (VAARNG) on 3 September 1999. He served on active duty in support of Operation Enduring Freedom from 15 March through 21 July 2003. He was released from active duty. The
DD Form 214 he was issued at the time does not show any foreign service completed during this period of service.
6. He again entered on active duty for special work on 1 March 2004 for the purpose of recruiter support. He was honorably released from active duty on
15 October 2004 and transferred back to his VAARNG unit. The DD Form 214 he was issued at the time does not show any foreign service completed during this period of service.
7. On 18 October 2004, he again enlisted in the RA. He was retired on 29 February 2012 by reason of sufficient service for retirement. The DD Form 214 he was issued at the time shows in item 18 (Remarks) the entry:
* Service in Afghanistan from 20070123 - 20080122
* Service in Iraq from 20041230 - 20051230
8. This DD Form 214 also lists his awards received for his service in Southwest Asia, Afghanistan, Iraq, and Kuwait.
9. Army Regulation 635-5 (Separation Documents) prescribes the standardized policy for preparing the DD Form 214 for Soldiers on retirement, discharge, and release from active duty. The regulation in effect at the time did not provide for listing service in name of country deployed and the inclusive dates. However, the current regulation states that for an active duty Soldier deployed to a foreign country 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 block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
The available evidence indicates the applicant served in Southwest Asia during the Persian Gulf War from 1 October 1990 through 25 July 1991. Although there was no provision at the time to show a Soldier's deployment on his/her
DD Form 214, under current standards and as a matter of equity, item 18 of his DD Form 214 for the period ending 2 September 1999 should be corrected to show the entry "Service in Southwest Asia from 19901001 - 19910725."
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 the applicant's DD Form 214 for the period ending
2 September 1999 the entry, "Service in Southwest Asia from 19901001 19910725."
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 correcting his DD Form 214
for the period ending 29 February 2012 to show he served during Operation Desert Shield/Desert Storm.
_______________________
CHAIRPxERSON
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) AR20120012858
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120012858
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100021845
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 June 1994 to show his service in Southwest Asia. Therefore, item 12f of his DD Form 214 should be corrected to show this period of foreign service. Therefore, his DD Form 214 should be corrected to show this award.
ARMY | BCMR | CY2013 | 20130014693
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1995 to show: * combat service * award of the Southwest Asia Service Medal with three bronze service stars * award of the Kuwait Liberation Medal 2. Evidence of record shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm during the period 1 October 1990 through 21 April 1991, which she participated in three...
ARMY | BCMR | CY2010 | 20100014657
The applicant states his DD Form 214 for the period ending 9 January 1995 does not show his dates of service during Operation Desert Storm or the medals awarded during that period. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. As a result, the Board...
ARMY | BCMR | CY2012 | 20120009390
Application for correction of military records (with supporting documents provided, if any). 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. Therefore, it would be appropriate at this time to correct his DD Form 214 show the confirmed period of deployment.
ARMY | BCMR | CY2011 | 20110019033
The applicant requests: a. his dates of service in Southwest Asia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty); b. Southwest Asia awards; and c. the Mechanic Badge and two awards of the Army Achievement Medal (AAM) be added to his DD Form 214. The applicant states: a. he participated in Operation Desert Storm in Southwest Asia and his DD Form 214 does not show this combat service or any awards for this service; and b. his DD Form 214 does not show two...
ARMY | BCMR | CY2014 | 20140000638
Application for correction of military records (with supporting documents provided, if any). The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) show her deployed overseas service in support of Operations Desert Shield/Desert Storm. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
ARMY | BCMR | CY2012 | 20120019840
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. certificates of achievement; b. the Army Achievement Medal (AAM); and c. her deployment in Southwest Asia in support of Operation Desert Shield/Desert Storm and any awards and decorations to which she may be entitled for this service. Therefore, her DD Form 214 should be corrected to show these awards. Reference the attached Army Board for Correction of Military Records...
ARMY | BCMR | CY2012 | 20120003432
The applicant requests correction of his record to show he served in the Gulf War. His official military personnel file contains few records documenting his Regular Army service; however, orders show he was assigned to Battery C, 1st Battalion, 3rd Field Artillery Regiment (unit identification code (UIC) WADWC0) at the time of his release from active duty. Therefore, it would be appropriate to correct his DD Form 214 to add a statement to item 18 to show he was deployed to Southwest Asia...
ARMY | BCMR | CY2008 | 20080007693
The applicant requests reconsideration of the Boards denial of her request to correct her separation document (DD Form 214) to show that her pay grade was E-4 upon her release from active duty and to reflect that she participated in Operation Desert Shield/Desert Storm. The DD Form 215 dated 18 March 1997 shows that the applicant's record was corrected to show specialist four, E-4. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130000128
His DD Form 214 shows he completed 4 years and 22 days of creditable active military service. Records show the applicant completed a qualifying period of service establishing entitlement to the following awards and correction of his DD Form 214 to show these awards: * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal (Saudi Arabia) * Kuwait Liberation Medal (Kuwait) BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________...