IN THE CASE OF
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130021709
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 her service in Southwest Asia.
2. The applicant states she served in Southwest Asia with the 416th Transportation Company from October 1990 to March 1991. She thought this service would be automatically entered on her DD Form 214.
3. The applicant provides:
* DD Form 214
* Enlisted Record Brief
* Standard Form 600 (Chronological Record of Medical Care)
* DA Form 638 (Recommendation for Award)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show she enlisted in the Regular Army on 26 August 1985 and she held military occupational specialty 92G (Food Service Operations Specialist).
3. She served through multiple reenlistments in a variety of stateside or overseas assignments and she attained the rank/grade of sergeant first class (SFC)/E-7.
4. She retired on 30 September 2007 and she was placed on the Retired List in her retired rank/grade of SFC/E-7 on 1 October 2007. Her DD Form 214 shows in:
* Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized), among other awards, the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Kuwait), and Kuwait Liberation Medal (Saudi Arabia)
* Item 18 (Remarks) lists her service in Kuwait/Iraq from 3 March 2003 through 4 January 2004 but does not list service in Southwest Asia
5. Her name is listed on the Gulf War Roster as having served in Southwest Asia from 1 October 1990 to 17 April 1991.
6. She provides:
a. DA Form 638, dated 21 November 1991, which shows she was awarded the Army Commendation Medal for meritorious service from 5 July 1988 to 14 February 1992. One of her achievements is listed as "displayed an overwhelming enthusiasm for the mission in Saudi Arabia; she worked long hours to keep the dining facility operational at any given time while serving in Operation Desert Storm."
b. Standard Form 600, dated 9 May 1995, that shows her Saudi Arabia dates of service as October 1990 and March 1991.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 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. The applicant contends she served in Southwest Asia from October 1990 to March 1991. Her DD Form 214 listed awards that are specific to Southwest Asia and she also provided an award recommendation as well as a medical document that confirm her service in Southwest Asia in support of Operations Desert Shield/Storm.
2. Her name is listed on the Gulf War Roster as having served in Southwest Asia during the Gulf War from on or around 1 October 1990 to 17 April 1991. Although the return date is inconsistent with the date she claims, the dates on the Gulf War Roster are accepted as the correct dates of service. Therefore, she is entitled to correction of his DD Form 214 to show this period of service.
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 adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 - 19910417."
___________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) AR20130021709
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021709
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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