IN THE CASE OF:	

		BOARD DATE:	  13 November 2008

		DOCKET NUMBER:  AR20080009594 


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 dates of arrival and departure from Operations Desert Shield and Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that item 12f (Foreign Service) of his DD Form 214 shows he served overseas for 6 months and 10 days; however, in order for him to receive Pennsylvania's Gulf War Bonus, his DD Form 214 must show his dates of arrival and departure.

3.  The applicant provides 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 applicant enlisted in the Regular Army on 15 February 1989.

3.  The applicant was honorably released from active duty on 5 July 1991.  His DD Form 214 shows he was awarded the Southwest Asia Service Medal.  Item 18 (Remarks) does not show his dates of deployment to Southwest Asia.

4.  The Desert Shield/Storm Data Base compiled by the Defense Manpower Data Center (DMDC) shows the applicant served in Southwest Asia from 1 October 1990 to 7 April 1991.

5.  The DMDC compiled the Desert Shield/Storm Data Base.  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 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

6.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation currently in effect states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during his/her continuous period of active service will be shown in item 18 on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The Desert Shield/Storm Data Base confirms that the applicant served in Southwest Asia from 1 October 1990 to 7 April 1991.  The regulation currently in effect requires an entry to be made in item 18 documenting a Soldier's deployment.  As an exception to policy, it would be appropriate to amend item  18 of the applicant's DD Form 214 to show the dates of his deployment.  

BOARD VOTE:

____X____  ____X____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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 amending item 18 of his DD Form 214 to add the entry, "Southwest Asia Service:  901001-910407."   




      _______ _XXXX   _______   ___
               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)                                         AR20080009594



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ABCMR Record of Proceedings (cont)                                         AR20080009594



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