IN THE CASE OF:	  

		BOARD DATE:	    1 August 2013

		DOCKET NUMBER:  AR20130000060 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in combat. 

2.  The applicant states:

   a.  He was told by a Veterans of Foreign Wars counselor that his DD Form 214 did not show he served in combat in Iraq in Operation Desert Shield/Storm.  He served with the 6th Battalion, 3rd Air Defense Artillery and they rolled with the 1st Armored Division as infantry support and air defense.  They deployed in late November/early December 1990 and returned in April 1991.
   
   b.  He has dozens of photographs, that he can send in, of himself in his truck in Iraq in front of burning tanks, dead bodies, other Soldiers, explosions, and buildings in Basra.  While driving they were the ones who flanked behind the Republican Guards through Iraq while everyone else went through Kuwait.  He was there getting shot at.  It states clearly on his DD Form 214 he earned the Kuwait Liberation Medal, Southwest Asia Service Medal, and others.  So why does his DD Form 214 not show him as serving in combat?

3.  The applicant provides a copy of 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 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.  The applicant enlisted in the Regular Army on 7 November 1989.  He completed training and was awarded military occupational specialty 16R (Vulcan Crewmember).  

3.  He served in:

* Germany from 16 April 1990 through 2 January 1991, a period of 8 months and 17 days
* Saudi Arabia from 3 January 1991 through 3 May 1991, a period of 4 months and 1 day
* Germany from 4 May 1991 through 17 September 1991, a period of 4 months and 13 days

4.  He was honorably released from active duty in pay grade E-4 on 1 April 1992 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 2 years, 4 months, and 25 days of net active service with no time lost.

5.  His DD Form 214 shows in:

* Item 12f – 1 year, 5 months, and 2 days
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – the Army Lapel Button, Army Service Ribbon, Kuwait Liberation Medal, National Defense Service Medal, Overseas Service Ribbon with Numeral 1, and Southwest Asia Service Medal with three bronze service stars
* Item 18 (Remarks) – SERVICE IN SOUTHWEST ASIA from 19910103 to 19910503



6.  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 Southwest Asia from 1 January 1991 through 3 May 1991.

7.  Army Regulation 635-5 (Separation Document), in effect at the time, governed the preparation of the DD Form 214.  The regulation stated:

	a.  Item 12f would list all foreign service credit performed during the period covered by the DD Form 214.  This 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/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).

	b.  There are no provisions for showing a Soldier served in combat during a period of service other than valor or achievement awards indicating his/her participation in active combat.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Operation Desert Shield/Storm from 3 January 1991 through 3 May 1991.  Item 12f of his DD Form 214 shows he received credit for this foreign in addition to his other foreign service periods in Germany.  Item 18 of this DD Form 214 also contains the entry, "SERVICE IN SOUTHWEST ASIA FROM 19910103 to 19910505."

2.  In accordance with regulatory guidance, there is no provision for reflecting an individual served in actual combat other than awards for valor achievement that would indicate personal involvement in active combat.  

3.  His service records do not indicate he either participated in actual ground combat or accompanied infantrymen into battle during this period of service.  There is no evidence of record and he provided none to show he received any awards for valor or achievement that would indicate he was personally involved in active ground combat against the enemy during this period of service. Therefore, he is not entitled to correction to his DD Form 214 to show he served in combat in Iraq in Operation Desert Shield/Storm.




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)                                         AR20130000060



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ABCMR Record of Proceedings (cont)                                         AR20130000060


   
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