IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150000667
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), ending on 16 May 1991 to show her service in Southwest Asia from November 1990 to May 1991.
2. The applicant states, in effect, her DD Form 214 should reflect her dates of service in Southwest Asia.
3. The applicant provides her 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. Having had prior service in the Regular Army, the applicant enlisted in the New Jersey Army National Guard (NJARNG) on 16 May 1978 and she held military occupational specialty 91B (Medical Specialist).
3. She was honorably separated from the NJARNG ON 16 February 1984 and she was transferred to a troop program unit of the U.S. Army Reserve.
4. She was ordered to active duty in support of Operation Desert Shield/Storm on 27 November 1990. Her DA Form 2-1 (Personnel Qualification Record) shows in:
* Item 5 (Overseas Service), she served in Saudi Arabia from 31 December 1990 to 26 April 1991
* Item 27 (Remarks) she served in an imminent danger pay area (Saudi Arabia) from 11 January 1991 to 26 April 1991
5. She was honorably released from active duty on 16 May 1991. Her DD Form 214 shows in:
* Item 12f (Foreign Service), the entry "00-00-00"
* Item 18 (Remarks) the entry "Service in Southwest Asia 11 January 1991 to 26 April 1991"
6. On 11 February 1992, she was issued a DD Form 215 (Correction to DD Form 214) that made administrative corrections and added awards.
7. On 22 January 1997, she was issued a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
8. She ultimately retired and was placed on the Retired List on 14 May 2000, her 60th birthday.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Southwest Asia from 11 January 1991 to 26 April 1991, a period of 3 months and 16 days. Therefore, item 12f of her DD Form 214 should be corrected to show this foreign service.
2. Although her DA Form 2-1 shows conflicting dates of her foreign service (31 December 1990 to 26 April 1991 vice 11 January 1991 to 26 April 1991), nothing in her records supports her contention that she served in Southwest Asia from November 1990 to May 1991.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12 f of her DD Form 214 the entry "00-00-00" and adding the entry "00-03-16."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to foreign service from November 1990 to May 1991.
_______ _ 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.
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