IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130006309
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was deployed specifically to Northern Iraq.
2. The applicant states in May and June 1991 she participated in multiple flights via helicopter from Turkey to Northern Iraq in support of Operation Provide Comfort. Her award of the Southwest Asia Service Medal (SWASM) correctly reflects this service. However, the Department of Veterans Affairs (VA) will not accept the generic area covered by the SWASM for the purpose of establishing a person's eligibility for the Gulf War Veterans' Medically Unexplained Illnesses Presumption of Service Connection. Consequently, the VA is refusing to recognize her as a combat veteran and apply presumption to the Unexplained Gulf War Illness claim and the Specially Adaptive Housing grant application that she has pending before it.
3. The applicant provides a self-authored statement.
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. On 21 June 1989, the applicant enlisted in the Regular Army. She completed training, was awarded military occupational specialty 96B (Intelligence Analyst), and was promoted to pay grade E-4.
3. Her DA Form 2-1 (Personnel Qualification Record) shows she served on temporary duty in SWA (Turkey) from 1 May through 10 June 1991. It contains no entry regarding Iraq.
4. She was released from active duty on 30 June 1992 for the convenience of the government under the provisions of the Fiscal Year 1992 Early Transition Program. She completed 3 years and 10 days of active service during this period.
5. Item 18 (Remarks) of her DD Form 214 shows deployed service in SWA from 1 May through 10 June 1991.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It states for item 18, 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)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions are noted. However, there is no evidence of record that she participated in flights into Northern Iraq in support of Operation Provide Comfort. Moreover, as she admits, her DD Form 214 correctly shows her service in SWA.
2. The Board does not correct records solely for the purpose of establishing eligibility for other programs or benefits.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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.
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