IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100014454 


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 reflect his service in an imminent danger pay area.

2.  The applicant states that his DD Form 214 does not reflect he served in an imminent danger pay area and his claim for post-traumatic stress disorder (PTSD) had been denied by the Department of Veterans Affairs (VA) because that entry is missing from his DD Form 214.

3.  The applicant provides a copy of his leave and earnings statement for the period 1-31 December 1990 showing that he received danger pay.

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 13 February 1990 for a period of 2 years.  He completed his training and he deployed to Southwest Asia (SWA) from 13 December 1990 to 8 May 1991.

3.  Block 18 (Remarks) of his DD Form 214 issued at the time of his discharge shows an entry of “Service in South West Asia 19901213 -19910508.”

4.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the following statement in the remarks section: “SERVICE IN (Name of country Deployed) From (inclusive dates for example. YYYYMMDD - YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not correctly reflect his service in an imminent danger pay area has been noted and found to lack merit.

2.  His DD Form 214 was correctly prepared in accordance with the applicable regulation to reflect his service in SWA during the period concerned and he has failed to show otherwise.  Therefore, in the absence of evidence to show that he is entitled to an entry other than what is reflected, there appears to be no basis to grant his request.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20100014454



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ABCMR Record of Proceedings (cont)                                         AR20100014454



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