IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012403
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 the Army Commendation Medal (ARCOM) and his tour in Southwest Asia (SWA) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the ARCOM and his tour in SWA during Operation Desert Storm as a courier are not annotated on his DD Form 214.
3. The applicant provides:
* DA Form 638-1 (Recommendation for Award of Army Achievement, ARCOM, and Meritorious Service Medal)
* ARCOM orders
* Certificate of Achievement
* 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 20 January 1988 and he served as a personnel management specialist.
3. Orders, dated 22 January 1991, show he received the Army Good Conduct Medal for the period 20 January 1988 to 19 January 1991.
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Germany from 6 July 1988 to 5 July 1991.
5. He was released from active duty on 31 December 1991.
6. His DD Form 214 shows he was authorized or awarded the:
* Army Service Ribbon
* National Defense service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
7. Item 18 (Remarks) of his DD Form 214 does not show any deployments.
8. Permanent Order Number 2-21, dated 10 February 1992, shows he was awarded the ARCOM for meritorious service for the period 1 June 1986 to
29 December 1991. The DA Form 638 for this award states he served as courier to SWA on many occasions.
9. He provides a certificate of achievement which shows he served as a member of the Joint Task Force Bravo in support of Operation Provide Comfort in Northern Iraq.
10. There is no evidence of record which shows the applicant was deployed to SWA.
11. The Defense Manpower Data Center compiled the Operations Desert Shield/Desert Storm data base. The primary Operations Desert Shield/ Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. This data base does not show the applicant's name.
12. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states that for an active duty Soldier deployed 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 item 18.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the ARCOM and Army Good Conduct Medal. Therefore, his DD Form 214 should be corrected to show these awards.
2. He contends his DD Form 214 should be corrected to show his tour in SWA during Operation Desert Storm as a courier and he provides documentation which states he served as a courier to SWA on many occasions. However, there is no evidence of record and he provides no evidence which shows he was deployed to SWA. Since the governing regulation states deployments will be shown in item 18 of the DD Form 214, there is insufficient evidence on which to base adding a SWA deployment on his DD Form 214.
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 the ARCOM and Army Good Conduct Medal to his DD Form 214.
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 adding a SWA deployment on his DD Form 214.
_______ _ _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) AR20130012403
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130012403
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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