BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140007744
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he deployed in support of Operation Desert Storm.
2. The applicant states his service was not recorded on his DD Form 214 because he was separated shortly after returning from Southwest Asia. He cannot get treatment for his post-traumatic stress disorder (PTSD) without the needed correction.
3. The applicant provides a copy of a 3rd Corps Support Command (COSCOM) Operation Desert Storm 1991 Certificate of Commendation.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records 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 enlisted in the Regular Army on 1 June 1980. He held military occupational specialty (MOS) 77W (Water Purification and Plumbing Specialist).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Germany from 26 December 1981 through
22 November 1985, in Korea from 4 April 1987 through 8 April 1988, and in Germany from 22 February 1990 through on or about 29 September 1992.
4. On 29 September 1992, he was honorably released from active duty under the Fiscal Year (FY) 92 Early Release Program. His DD Form 214 shows he completed 12 years, 3 months, and 27 days of net active duty service. Item 18 (Remarks) does not indicate he deployed in support of any named operations.
5. His provides a 3rd COSCOM Operation Desert Storm 1991 Certificate of Commendation that reads, in part, "FOR DISTINGUISHED SERVICE TO ACHIEVE FREEDOM FROM TYRANNY WHILE SERVING IN SUPPORT OF OPERATION DESERT STORM."
6. His records contain no evidence that he deployed, either individually or with his unit, to the area of operations for Operation Desert Shield/Storm.
7. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 18 of the DD Form 214 is used to document a Soldier's participation in foreign deployments in support of named operations. Its instructions provide that for active duty Soldiers, deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" was entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not provide sufficient evidence to support his request to correct his records to show he deployed in support of Operation Desert Storm.
2. The certificate is provided shows he served in support of Operation Desert Storm, but there is no indication of his location or the duration of that service.
3. Therefore, his DD Form 214 should not be corrected to reflect he served a deployment in support of Operation Desert Storm.
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 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) AR20110005669
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ABCMR Record of Proceedings (cont) AR20140007744
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