IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100025026 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia (SWA) from March through September 1991. 

2.  He states, in effect, he served in SWA from March through September 1991.  He did not serve from May through September 1991 as shown in his DD Form 214.

3.  He provides no documentation in support of his request.

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.  On 3 January 1972, the applicant enlisted in the Regular Army and served continuously on active duty until he was honorably retired on 31 January 1992.  

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Kuwait from 31 May to 2 September 1991.  Item 27 (Remarks) shows he served in an imminent danger pay area (Kuwait) from 30 May to 2 September 1991.  

4.  Item 18 (Remarks) of his DD Form 214 contains the statement "SERVICE IN SWA 31 MAY 1991 to 2 SEP 1991."

5.  A Standard Form 600 (Chronological Record of Medical Care) shows he was seen at the optometry clinic in Schweinfurt, Germany, on 15 April 1991.  

6.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  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.  The database shows he was deployed from 31 May through 31 July 1991.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) 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.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in block 18 (Remarks) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show he served in SWA from March through September 1991.

2.  It is unlikely he had deployed to SWA in March 1991, considering his medical records show he was seen at an optometry clinic in Germany in April 1991.  His DA Form 2-1 confirms he deployed in May 1991 which is further confirmed by the Desert Shield/Desert Storm Database.  

3.  The available documentation indicates his dates of service in SWA are accurately recorded on his DD Form 214.  In the absence of evidence showing he deployed to SWA prior to 31 May 1991, there is no basis for granting the requested relief.
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)                                         AR20100025026



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ABCMR Record of Proceedings (cont)                                         AR20100025026



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