IN THE CASE OF:	  

		BOARD DATE:	    23 February 2012

		DOCKET NUMBER:  AR20110017122 


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 in:

* Item 18f (Foreign Service) - his service during the Gulf War
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - all awards he might be entitled to as a result of this deployment

2.  The applicant states, in effect, he served in the Gulf War and he desires to have the awards and benefits which he is entitled to for that service.  He needs his records corrected to enroll at the Department of Veterans Affairs (VA) hospital and to join the Veterans of Foreign Wars (VFW).

3.  The applicant provides no additional evidence.

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 U.S. Army Reserve (USAR) on 11 September 1984 and held military occupational specialty 88M (Motor Transport Operator).

3.  Item 4 (Assignment Considerations) of his DA Form 2-1 (Personnel Qualification Record) shows he was considered for assignment in support of Operation Desert Shield.  Item 35 (Record of Assignments) does not list Southwest Asia.

4.  His name does not appear on the Gulf War Deployment Roster.

5.  His records contain Orders Number 360-42, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, on 26 December 1990, ordering him to an active duty deployment for 180 days.  The orders directed him to report to Fort Huachuca, AZ, for deployment in support of Operation Desert Shield in Southwest Asia.

6.  His records contain Orders Number 85-5, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, on 26 March 1991, ordering him to report to the U.S. Army Transition Point at Fort Dix, NJ, on 27 March 1991, for transition processing.  

7.  He was honorably released from active duty on 27 March 1991.  His DD Form 214 shows he completed 3 months and 17 days of active service.  Item 12f of this form does not list any foreign service and item 18 (Remarks) shows he was ordered to active duty in support of Operation Desert Storm.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* the total amount of foreign service completed during their continuous period of active service will be entered in item 12f of the form
* For a Reserve soldier ordered to active duty and deployed to a foreign country, enter the following three statements will be added in item 18
      in succession:

* Ordered to active duty in support of (Operation Name) per 10 USC (applicable section)
* Service In (Name of Country Deployed) FROM (inclusive dates)
* Soldier Completed Period For Which Ordered To Active Duty For Purpose of Post-Service Benefits And Entitlements

DISCUSSION AND CONCLUSIONS:

The applicant's records show he was scheduled to deploy to Operation Desert Shield in Southwest Asia for 180 days; however, there is no record that shows he did so.  In the absence of additional documentary evidence confirming receipt of imminent danger pay/hostile fire pay, there is insufficient evidence to award the applicant foreign service credit or awards associated with the Gulf War. 

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)                                         AR20110017122



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ABCMR Record of Proceedings (cont)                                         AR20110017122



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