IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007467
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his correct deployment dates to Southwest Asia (SWA).
2. The applicant states that he served three to four months in SWA; however, his DD Form 214 shows only 5 days.
3. The applicant provides a copy of his 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 applicants records, though somewhat incomplete, show that after serving in the South Carolina Army National Guard (SCARNG) the applicant enlisted in the Regular Army on 21 June 1989 and was transferred to Fort Stewart, Georgia for duty as a cannoneer.
3. The applicant deployed to SWA on 28 August 1990 and served until
1 November 1990 when he was transferred to a short-term assignment in Turkey.
4. On 4 June 1991, he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, paragraph 6-3b, due to hardship. He had served 1 year, 11 months and 14 days of active service and item 18 (Remarks) of his DD Form 214 issued at the time of his REFRAD shows he served in SWA during the period 28 August 1990 to 1 September 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects the dates he deployed to SWA has been noted and appears to have merit.
2. The applicant deployed to SWA during the period 28 August 1990 through
1 November 1990; however, his DD Form 214 incorrectly reflects the period
28 August 1990 to 1 September 1990.
3. Accordingly, his DD Form 214 should be corrected to show in item 18 that he served in SWA during the period 28 August 1990 - 1 November 1990.
BOARD VOTE:
____X___ ___X ____ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry Service in SWA 28 Aug 1990 1 Sep 1990 from item 18 of his DD Form 214
* Adding the entry Service in SWA 28 Aug 1990 1 Nov 1990 to item 18 of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20140007467
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140007467
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080007593
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, his service in SWA in support of Operation Desert Shield/Desert Storm should be reflected on his DD Form 214. By regulation, all overseas service completed during the period covered by the DD Form 214 will be entered in Item 12f, all awards earned during military service will be entered in Item 13, and an entry documenting deployed service of active duty Soldiers...
ARMY | BCMR | CY2010 | 20100027775
The applicant states that his DD Form 214 does not reflect his campaign medal for his participation in Operation Desert Shield/Storm and his award of the Army Achievement Medal (AAM). He was deployed to Southwest Asia (SWA) on 27 October 1990 in support of Operation Desert Shield/Storm and served in two campaigns before departing on 17 April 1991 for Fort Carson. Accordingly they should be awarded at this time and added to his DD Form 214.
ARMY | BCMR | CY2009 | 20090005451
The applicant provides his DD Form 214 in support of his application. The applicant's record shows that on 6 December 1990 while serving in the United States Army Reserves (USAR) he was ordered to active duty in support of Operation Desert Shield/Storm. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.
ARMY | BCMR | CY2010 | 20100019941
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 June 1991 to show he served in Southwest Asia (SWA) from 18 October 1990 to 19 May 1991. Army Regulation 600-8-22 (Military Awards) shows the following awards were authorized for SWA service during the applicant's period of service in SWA: a. The beginning date of his deployment, 18 October 1991, in the entry for his service in SWA in Item 18 is clearly in...
ARMY | BCMR | CY2008 | 20080017177
The applicant requests, in effect, that his separation document (DD Form 214) be corrected to document his Gulf War service and to include all awards he is authorized. Therefore, it would also be appropriate to add these awards to his record and Item 13 of his DD Form 214 at this time. Item 13 - add the Southwest Asia Service Medal with 2 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Sharpshooter Marksmanship Qualification Badge with...
ARMY | BCMR | CY2014 | 20140015852
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment and his authorized awards. The Gulf War Deployment Roster shows the applicant served during a qualifying period for awards of the SWASM with two bronze service stars, the KLM-L and the KLM-SA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Adding the awards of the SWASM with two...
ARMY | BCMR | CY2011 | 20110020529
The applicant contends he was deployed to SWA from 2 February 1991 to 3 May 1991, which equates to a period of 3 months and 2 days of foreign service. Therefore, his DD Form 214 should be corrected to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 12f of his DD Form 214 the entry "00 00 04" and replacing it with the entry "00 03 02"; b. deleting from item 18 of his DD Form 214...
ARMY | BCMR | CY2005 | 20050002513C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2005 DOCKET NUMBER: AR20050002513 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090018855
The applicant requests his Gulf War deployment be documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and he be issued a DD Form 215 (DD Form 214 Correction). The record contains permanent deployment and award orders which confirm the applicant was deployed to SWA in support of Desert Storm for the period of 14 February 1991 through 2 May 1991. Therefore, it would be appropriate to correct his DD Form 214 to show his deployment time.
ARMY | BCMR | CY2012 | 20120002733
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service during Operation Desert Storm and that he be paid combat and separation pay. The evidence of record shows the applicant served in SWA in support of Operations Desert Shield/Desert Storm for 6 months and 27 days from 1 September 1990 through 27 March 1991.