IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140021461
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) for the period ending 31 July 1999 by adding his service in Kuwait and Turkey to item 18 (Remarks).
2. The applicant states item 18 shows his service in Saudi Arabia but is missing Kuwait and Turkey. Some documents for the Department of Veterans Affairs require his DD Form 214 to show all of his service in Southwest Asia (SWA).
3. The applicant provides his officer record brief (ORB) and 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. After having prior enlisted service, the applicant was appointed as a Reserve Warrant Officer of the Army in the military occupational specialty of 630A (Automotive Repair Technician). He executed his oath of office on 14 January 1981. On 15 October 1985, he was appointed as a Warrant Officer in the Regular Army in the rank/grade of chief warrant officer two/W-2. He executed his oath of office on 19 November 1985.
3. He retired on 31 July 1999 and was placed on the Retired List. His rank/grade at the time of his retirement was chief warrant officer four/W-4. His DD Form 214 shows he completed 18 years, 6 months, and 17 days of net active creditable service, with 9 years, 6 months, and 14 days of prior active service. Item 18 (Remarks) shows service in SWA during the period 23 September 1995 to 16 March 1996.
4. His ORB contains the following entries:
a. Section I (Assignment Information), shows:
* assignment in Turkey (TU) for 13 months returning July 1998
* assignment in Saudi Arabia (SA) for 6 months returning March 1996
* assignment in Kuwait (KU) for 12 months returning August 1993
b. Section IX (Assignment History) shows:
* assignment with the U.S. Army Element, Allied Land Forces Southeastern Europe, located in Izmir, Turkey, starting 2 June 1997, for a period of 14 months
* assignment with the Ordnance Program Division, located in Saudi Arabia, starting 23 September 1995 for a period of 6 months
* assignment with the Security Assistance Training Management Organization, located in Kuwait, starting 31 July 1992 for a period of 14 months
5. His official military personnel file (OMPF) is void of any deployment or reassignment orders.
6. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures for the completion of the DD Form 214. Regarding required entries in item 18, it essentially states, when an active duty Soldier has deployed during the period covered by the DD Form 214, the period(s) of deployment as well as the country(ies) to which he/she was deployed will be shown (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his service in Turkey and Kuwait (ending 1993 and 1998, respectively) be reflected in item 18 of his DD Form 214 for the period ending 31 July 1999.
2. Army Regulation 635-5 requires entries in item 18 for all deployments occurring within the period covered by the DD Form 214 (emphasis added). While the applicant's ORB indicates he served in both Turkey and Kuwait, his OMPF does not contain any orders showing he deployed to those locations. This suggests that, rather than deploying, he was assigned as part of a permanent change of station to both locations. As the evidence does not clearly show his service in either location as deployments, no entries should be made in
item 18 of his DD Form 214.
3. Should the applicant, within 1 year of the Board's decision, be able to provide documents, such as orders, which show he deployed to these locations, his application can be reconsidered.
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) AR20140021461
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140021461
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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