IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130008284
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 the wording "in support of Desert Shield/Desert Storm."
2. The applicant states during his service with the 3rd Infantry Division in Europe, they directly supported the first Gulf War and elements of his unit deployed. He would like to be recognized for his efforts during Operations Desert Shield/Storm.
3. The applicant provides:
* DD Form 214
* Certificate of achievement
* DA Form 2-1 (Personnel Qualification Record)
* Certificate for award of the Army Achievement Medal
* Enlistment contract
* Discharge 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 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 6 January 1986 and he held military occupational specialty 88M (Motor Transport Operator). He reenlisted on 14 April 1988.
3. He served in Germany with B Company, 703rd Support Battalion, 3rd Infantry Division, from on or about 17 December 1987 to on or about 8 May 1991.
4. His DA Form 2-1 shows in:
* Item 5 (Foreign Service), his service in Germany; however, there is no entry for service in Southwest Asia
* Item 27 (Remarks) does not show he received hostile fire/imminent danger pay (HF/IDP) for any period of service.
* Item 35 (Record of Assignments), listed his record of assignments, including Germany; however, there is no listing for Southwest Asia
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 does not contain any awards or certificates related to deployment to Southwest Asia in support of Operation Desert Shield/Storm.
8. On 13 July 1991, he was honorably released from active duty at the expiration of his term of service. The DD Form 214 he was issued at the time shows in:
* item 12f (Foreign Service) he completed 3 years, 4 months, and 22 days of total foreign service
* item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) no Southwest Asia-specific awards
* item 18 (Remarks) does not show any entry pertaining to service in Southwest Asia or any hazardous fire/imminent danger pay area
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.
10. The current version of Army Regulation 635-5 mandates certain entries. For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession; however, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement:
* Orders to active duty in support of (Operation Name) Per U.S. Code (applicable section)
* Service in (name of Country Deployed) From (inclusive dates for example YYYYMMDD To YYYYMMDD
* Soldier completed period for which ordered to active duty for the purpose of post-service benefits and entitlements
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant did not provide any evidence that shows 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 and his DA Form 2-1 does not list his service in Southwest Asia. It appears he acknowledges he never left Germany.
2. Although he and/or elements of his unit supported the war effort, unless he physically entered the theater of operations, there is no provision to show the wording "in support of Desert Shield/Desert Storm" on the DD Form 214 for an active duty member who did not deploy. 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) AR20130008284
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ABCMR Record of Proceedings (cont) AR20130008284
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