IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110021878 


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 he served during Operation Desert Shield/Desert Storm and any awards he may be entitled to.

2.  The applicant states his DD Form 214 does not reflect that he served during the Gulf War.

3.  The applicant provides a copy of his DD Form 214.

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.  Having had prior Regular Army (RA) enlisted service, the applicant enlisted in the RA on 13 January 1988.  He was trained in and awarded military occupational specialty 55B (Ammunition Specialist).

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* Item 5 (Oversea Service) he was assigned to Germany from 3 March 1988 through 9 January 1992
* Item 35 (Record of Assignments) he was assigned to the 525th Ordnance Company during this period

4.  There is no evidence in his Official Military Personnel File (OMPF) that shows he ever served in Southwest Asia or at any other overseas area, other than Germany.

5.  On 10 January 1992, he was honorably discharged from active duty at the expiration of his term of service.  The DD Form 214 he was issued at that time shows he completed 3 years, 11 months, and 28 days of net active service this period.  Item 12f (Foreign Service) contains the entry "03  10  07," indicating he completed 3 years, 10 months, and 7 days of foreign service.

6.  This DD Form 214 further shows award of the:

* Army Achievement Medal with second oak leaf cluster
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar 

7.  Item 18 (Remarks) of his DD Form 214 does not show his participation in any named operations or operational deployments.

8.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Gulf War Roster.  The applicant's name is not listed on this roster.

9.  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 to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's active duty service during the period of the Persian Gulf War is not in question; however, there is no evidence confirming he participated in or was deployed to the Persian Gulf or any other overseas area, other than Germany, during his active duty service.

2.  There is no evidence of record and the applicant did not provide any evidence that shows served in the Persian Gulf.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20110021878



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ABCMR Record of Proceedings (cont)                                         AR20110021878



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