BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120018368
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 Southwest Asia.
2. The applicant states his DD Form 214 is missing information. He served in the first Gulf War during Operation Desert Shield/Desert Storm.
3. The applicant provides his DD Form 214.
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 20 July 1983 and he held military occupational specialty 54B (Chemical Operations Specialist). He executed a reenlistment on 21 March 1986.
3. Item 5 (Foreign Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in:
* Germany, from 27 December 1983 to 25 June 1985 (1 year, 5 months, and 30 days)
* Korea, from 26 June 1987 to 5 July 1988 (1 year and 10 days)
4. Item 27 (Remarks) of his DA Form 2-1 does not show he received hostile fire/imminent danger pay (HF/IDP) for any period of service.
5. There is no evidence of record and the applicant did not provide any evidence of any deployment orders, temporary duty orders, or a manifest confirming any deployments or the dates and location of any deployments.
6. His name is not listed on the Gulf War Deployment Roster.
7. His record contains a DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period September 1990 through April 1991 that shows he was assigned to the 1st Battalion, 2nd Air Defense Artillery, Fort Stewart, GA. There are no comments mentioned in relation to any deployment or service in Southwest Asia.
8. On 1 May 1991, he was honorably discharged at the expiration of his term of service. He completed 7 years, 11 months, and 11 days of creditable active service. The DD Form 214 he was issued at the time shows in:
* item 12f (Foreign Service) he completed 2 years, 6 months, and 11 days of total foreign service
* item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) no Southwest Asia-specific awards
9. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It is important that information entered on the form should be complete and accurate. It stated for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant did not provide any evidence that supports his contention he served in Southwest Asia during his period of active service. His service record does not contain a manifest, deployment
orders, temporary duty orders, or an award certificate confirming his service in Southwest Asia. His name is not listed on the Gulf War roster, his DA Form 2-1 does not list his service in Southwest Asia, and his contemporaneous NCOER does not address such a deployment.
2. Item 12f of his DD Form 214 shows he completed 2 years, 6 months, and
11 days of foreign service; however, this period of service covers his tours of duty in Germany and Korea.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120018368
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