IN THE CASE OF:	  

		BOARD DATE:  28 February 2012

		DOCKET NUMBER:  AR20110016408 


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 records be corrected to show he served in the Desert Shield/Storm theater of operations.

2.  The applicant states that he served in the Desert Shield/Storm theater of operations and it is not reflected on his DD Form 214.

3.  The applicant provides no additional documents with his 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 25 July 1989 for a period of 3 years and 14 weeks.  He completed his one-station unit training (OSUT) at Fort Benning, Georgia and was transferred to Fort Ord, California.
3.  He served until he was honorably released from active duty (REFRAD) on 30 October 1992 due to the expiration of his term of service (ETS).  He had served 3 years, 3 months, and 5 days of active service and 1 month and 9 days of foreign service in Panama during Operation Just Cause. 

4.  A review of his records failed to show any evidence that the applicant deployed to Southwest Asia (SWA) in support of Operation Desert Shield/Storm.  Additionally, a search of the Gulf War Deployment Roster failed to show the applicant deployed to SWA.

5.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that only foreign service performed during the period covered by the DD Form 214 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he served in the SWA theater of operations is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application that such was the case.

2.  A review of the applicant’s records fails to indicate that he served in SWA during Operation Desert Storm/Shield.

3.  Therefore, in the absence of such evidence, there appears to be no basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X __  ____X___  ____X___  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20110016408



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ABCMR Record of Proceedings (cont)                                         AR20110016408



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