IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140003305
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 he served during the Operation Desert Storm period.
2. The applicant states he served from 2 December 1985 to 2 December 1988. Even though he was stateside during this war, if called upon, he would have gone to serve his country.
3. The applicant provides no additional evidence.
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 3 December 1985. He completed training and was awarded military occupational specialty 77F (Petroleum Supply Specialist).
3. On 2 December 1988, he was honorably released from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 3 years of active duty service. His DD Form 214 shows in:
* Item 12f (Foreign Service) - 00 00 00, indicating no foreign service
* Item 18 (Remarks) - no reference to any periods of deployment in support of named operations
4. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) does not list any overseas service.
5. Army Regulation 600-8-22 (Military Awards) state the Southwest Asia Conflict took place from 2 August 1990 to 11 April 1991.
* the Defense of Saudi Arabia (commonly referred to as Operation Desert Shield) took place from 2 August 1990 to 16 January 1991
* the Liberation and Defense of Kuwait (commonly referred to as Operation Desert Storm) took place from 17 January to 11 April 1991
6. Army Regulation 635-5 (Separation Documents), then in effect, established standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the DA Form 2-1 during the period covered in item 12c (Net Active Service this Period).
DISCUSSION AND CONCLUSIONS:
The applicant was released from active duty before the Gulf War began; therefore, he is not entitled to the 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) AR20140003305
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140003305
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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