IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015478
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 item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in Southwest Asia from 28 September 1990 through 14 April 1991.
2. The applicant states her separation record reflects the correct dates that she served in the Persian Gulf during Operation Desert Shield/Desert Storm. She reported for duty in the Persian Gulf on 28 September 1990 and returned to the Continental United States (CONUS) on 14 April 1991. Her officer record briefs (ORBs) from September 1991 to January 2000 reflect the correct reporting and departing date for her assignment in the Persian Gulf. Her ORB, dated May 2003, reflects her return date as 1 February 1991. Her Bronze Star Medal orders and certificate reflect the month and year that she was assigned to the Persian Gulf. Her current DD Form 214 lists her service in Southwest Asia from 28 September 1990 through 1 February 1991.
3. The applicant provides copies of eleven ORBs, Bronze Star Medal orders and certificate, and her 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 was commissioned in the Regular Army, as a second lieutenant, on 10 June 1983. She held a signal specialty. She provided copies of the following:
* September 1991 ORB which shows he returned from Saudi Arabia in April 1991 and her DROS (Date of Return from Overseas) is listed as "910414"
* November 1991 ORB which shows she arrived in Saudi Arabia on 15 July 1990 and returned to CONUS in April 1991; her DROS is listed as "910414"
* Permanent Orders Number 090-469, issued by Headquarters, 1st Cavalry Division, dated 31 March 1991, awarding her the Bronze Star Medal for meritorious service from 1 October 1990 through 30 April 1991
* Bronze Star Medal certificate, dated 31 March 1991, which stated she served during Operation Desert Shield/Desert Storm in Saudi Arabia, Iraq, and Kuwait during the period October 1990 to April 1991
* 1992 (3), 1994, 1996, 1998, 1999, and 2000 ORBs which also show she arrived in Saudi Arabia on 15 July 1990 and returned to CONUS in April 1991
* 2003 ORB which shows she arrived in Saudi Arabia on 28 September 1990 and returned to CONUS on 1 February 1991; this ORB also shows she again served in Saudi Arabia from 4 May 1999 through 3 May 2000
3. She retired on 30 June 2003 and she was placed on the Retired List in her retired grade of major on 1 July 2003. Item 18 of her DD Form 214 lists, "Service in Southwest Asia 1990928-19910201, 19990504-20000503."
DISCUSSION AND CONCLUSIONS:
The available evidence supports the applicants contention that she served in Saudi Arabia from 28 September 1990 through 14 April 1991. Therefore, item 18 of her DD Form 214 should be corrected to show "Service in Saudi Arabia from 28 September 1990 through 14 April 1991."
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 18 of her DD Form 214 the entry "Service in Saudi Arabia 19900928-19910201"; and
b. replacing it with the entry "Service in Saudi Arabia 19900928-19910414."
_______ _ _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) AR20130016380
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130015478
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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