IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140013053
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 that she served in support of Operation Desert Storm.
2. She states she has orders to support her claim and that she was with the first unit to go in support of Operation Desert Storm. She also states she needs her veterans benefits.
3. The applicant provides:
* General Discharge Certificate
* Request for Waiver of Separation
* Separation orders
* DD Form 214, dated 23 April 1981
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. On 28 November 1980, the applicant enlisted in the U.S Army Reserve (USAR). After completing initial entry training, she was awarded military occupational specialty 76Y (Unit Supply Specialist).
3. On 23 April 1981, she was honorably released from active duty for training, received a DD Form 214 for the period of 12 January 1981 to 23 April 1981, and was assigned to a USAR unit.
4. A DA Form 2-1 (Personnel Qualification Record), Section VII (Record of Assignments) shows the applicant was ordered to active military service with the 78th Training Division, Lodi, NJ, from 25 January 1991 until 31 March 1991 when she was released from active duty.
5. The applicant's name is not listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC). The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.
6. The applicant's record is void of documentation showing she served in the geographical area of operations for Operation Desert Storm.
7. The applicant's Official Military Personnel File (OMPF), contains a DD Form 215 (Correction to DD Form 214), dated 24 August 1992, that corrected a DD Form 214 issued on 31 March 1991. This DD Form 214 is not available for the Board's review.
8. On 16 September 1998, the applicant was separated with a general discharge.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It was not until 15 September 2000, that Army Regulation 635-5 provided instructions for inclusion of operational support for members of the Reserve component. Specifically, it stated that in the Remarks section of the DD Form 214 the following statement will be added for a Reserve Soldier ordered to active duty and deployed to a foreign country: "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was ordered to active duty on
25 January 1991, and assigned to the 78th Training Division in Lodi, NJ, until she was released from active duty on 31 March 1991.
2. The applicant states that she has orders to show that she served in Operation Desert Storm; however, she does not provide them, nor is there any record in the DMDC database. Furthermore, although her DD Form 215 shows she was on active duty orders during the Desert Storm time period (her DD Form 214, which the DD Form 215 corrected, is absent from her record), there is no documentation that she served in the geographical area of operations or in support of Operation Desert Storm. Therefore, there is no basis upon which to grant the requested relief.
3. The applicant is advised that if she has a copy of orders or official documentation confirming that she was ordered to active duty in support of Operation Desert Storm, she may submit a request for reconsideration. If she chooses to do so, she should ensure that she provides a complete copy of the orders and a copy of her DD Form 214 for the period in 1991. Requests for reconsideration must be received by the Board within 1 year from the board date.
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) AR20130021499
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140013053
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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