IN THE CASE OF:	  

		BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110021853 


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 his period of temporary duty (TDY) in Saudi Arabia in May 1992.

2.  The applicant states he was in Saudi Arabia during a period of combat and it should be shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and his Orders for TDY.

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 13 February 1991, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 73C (Finance Specialist).

3.  On 1 July 1991, the applicant was assigned to the 39th Finance Support Unit, located in the Federal Republic of Germany.

4.  Orders 05-008, 32nd Army Air Defense Command, dated 1May 1992, directed the applicant to proceed in a TDY status in support of Operation Determined Resolve for a period of 30 days commencing on or about 3 May 1992.

5.  The Gulf War Deployment roster maintained at the Army Review Boards Agency, shows that he the applicant was deployed during the period from 1 to 31 May 1992.

6.  On 12 February 1997, the applicant was released from active duty and transferred to the 27th Brigade, 10th Mountain Division.  He had attained the rank of sergeant, pay grade E-5 and had completed 6 years of creditable active duty service.

7.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in Saudi Arabia in May 1992.

2.  The available evidence shows the applicant was deployed to Saudi Arabia for a period of 31 days from 1 to 31 May 1992.  Therefore, this period of service should be shown in Item 18 of his DD Form 214.








BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
adding in Item 18 "SERVICE IN SAUDI ARABIA FROM 19920501 TO 19920531."




      _______ _   _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)                                         AR20110021853





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ABCMR Record of Proceedings (cont)                                         AR20110021853



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