IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20140021387
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 his participation in Operation Desert Storm.
2. The applicant states his deployment during Operation Desert Storm is not shown on his DD Form 214.
3. The applicant provides a Certificate of Achievement, dated 24 May 1991.
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 29 November 1978.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows his foreign service as follows:
* Germany 5 March 1975 through 15 May 1977
* Germany 15 June 1981 through 5 June 1984
* Korea 23 April 1986 through 22 April 1987
* Germany 23 April 1990 through 24 May 1991
4. A DA Form 2339 (Application for Voluntary Retirement), dated 1 October 1990, shows he applied for and was approved for retirement effective 1 June 1991.
5. A DA Form 31 (Request and Authority for Leave), dated 4 April 1991, shows he began his transition leave on 22 May 1991.
6. He provided a Certificate of Achievement, dated 24 May 1991, for his outstanding support of the 51st Maintenance Battalion for the VII Corps deployment to Southwest Asia during Operations Desert Shield/Desert Storm.
7. On 31 May 1991, he was honorably retired and he was placed on the Retired List effective 1 June 1991.
8. Item 12f (Foreign Service) of his DD Form 214 shows he completed 7 years, 3 months, and 4 days of foreign service.
9. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base. The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991, and one record for each Reserve and National Guard member or retiree who was activated or Federalized in response to either operation. The applicant's name is not listed in the DMDC database.
10. His records are void of and he failed to provide orders deploying him in support of Operation Desert Storm or other documentation showing he deployed.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It stated for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. Although he provided a Certificate of Achievement for outstanding support to the 51st Maintenance Battalion in support of Operations Desert Shield/Desert Storm, this certificate does not show a battalion deployment location or time frame.
2. His name is not listed on the DMDC Operations Desert Shield/Desert Storm data base and his records are void of and he failed to provide orders showing he deployed.
3. Records show he completed 7 years, 3 months, and 4 days of foreign service in Germany and Korea. His DD Form 214 correctly shows this foreign service.
4. In view of the above evidence, there is an insufficient basis upon which to grant 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 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) AR20140021387
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ABCMR Record of Proceedings (cont) AR20140021387
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