IN THE CASE OF: BOARD DATE: 19 February 2009 DOCKET NUMBER: AR20080011712 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 he is a Desert Storm veteran. 2. The applicant states, in effect, his DD Form 214 does not show he is a Desert Storm veteran and he is unable to receive the 5 point preference for a government job or the veterans' preference for reduction in force. He argues that Desert Storm started in August 1990 and he enlisted in the Army in October 1990. He continues that Desert Storm lasted until January 1991 and he stayed in the Army until honorably discharged in July of 1993. He concludes the regulation clearly states that since he served during the Desert Storm period he is a veteran of this campaign. 3. The applicant provides a DD Form 214 and a U.S. Office of Personnel Management Standard 50 (Notification of Personnel Action) in support of this application. 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 10 October 1990 and trained as a Bradley Fighting Vehicle System Mechanic. He was released from active duty on 28 July 1993. 3. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Desert Storm Database. The primary Desert Shield/Desert 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. For Reservists and National Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. 4. The Desert Shield/Desert Storm Database does not show the applicant served in the Southwest Asia theater of operations. 5. Army Regulation 635-5 (Separation Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show that he is a Desert Storm veteran has been carefully reviewed and found to be without merit. 2. The applicant clearly served in the Army during the period 10 October 1990 through 28 July 2003. However, there is no evidence in the available records that shows he was deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm. 3. The ABCMR does not correct records for the sole purpose of obtaining employment or benefits. It is recommended that the applicant provide a copy of his DD Form 214 to the appropriate civilian personnel office to show he served on active duty during the Gulf War Era and to request additional benefits based on his military service. 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) AR20080011712 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080011712 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1