IN THE CASE OF: BOARD DATE: 9 December 2014 DOCKET NUMBER: AR20140007467 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his correct deployment dates to Southwest Asia (SWA). 2. The applicant states that he served three to four months in SWA; however, his DD Form 214 shows only 5 days. 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. The applicant’s records, though somewhat incomplete, show that after serving in the South Carolina Army National Guard (SCARNG) the applicant enlisted in the Regular Army on 21 June 1989 and was transferred to Fort Stewart, Georgia for duty as a cannoneer. 3. The applicant deployed to SWA on 28 August 1990 and served until 1 November 1990 when he was transferred to a short-term assignment in Turkey. 4. On 4 June 1991, he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, paragraph 6-3b, due to hardship. He had served 1 year, 11 months and 14 days of active service and item 18 (Remarks) of his DD Form 214 issued at the time of his REFRAD shows he served in SWA during the period 28 August 1990 to 1 September 1990. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 incorrectly reflects the dates he deployed to SWA has been noted and appears to have merit. 2. The applicant deployed to SWA during the period 28 August 1990 through 1 November 1990; however, his DD Form 214 incorrectly reflects the period 28 August 1990 to 1 September 1990. 3. Accordingly, his DD Form 214 should be corrected to show in item 18 that he served in SWA during the period 28 August 1990 - 1 November 1990. BOARD VOTE: ____X___ ___X ____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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: * Deleting the entry “Service in SWA 28 Aug 1990 – 1 Sep 1990” from item 18 of his DD Form 214 * Adding the entry “Service in SWA 28 Aug 1990 – 1 Nov 1990” to item 18 of his DD Form 214 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. 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) AR20140007467 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140007467 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1