IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015362 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015362 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 18 of his DD Form 214 for the period ending 8 September 2004 the entry "Service in SWA 19900110 to 19905010" and adding the entry "Service in Southwest Asia 19901101 to 19910415." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his dates of service in Southwest Asia as 1 November 1990 to 28 February 1991. _____________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. IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150015362 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), ending on 8 September 2004, to show his foreign service in Southwest Asia from 1 November 1990 to 28 February 1991 instead of 10 January 1990 to 10 May 1990. 2. The applicant states he entered active service on 3 October 1990. He could not have been in Southwest Asia from 10 January 1990 to 10 May 1990. One month after his entry, he went to Southwest Asia with the 2nd Battalion, 187th Infantry Regiment. He returned back to the United States with his unit in 1991. He was awarded the Combat Infantryman Badge on 26 April 1991 for action in Southwest Asia from 25 to 28 February 1991. He wants his DD Form 214 to accurately reflect his service. 3. The applicant provides DD Forms 214 for the periods ending 3 July 1994 and 8 September 2004 and orders awarding him the Combat Infantryman Badge. 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 service in the Army National Guard, the applicant enlisted in the Regular Army (RA) at the Buffalo, NY, Military Entrance Processing Station (MEPS) on 3 October 1990. He held military occupational specialty (MOS) 11B (Infantryman). 3. According to item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record) he served in Southwest Asia from 11 September 1990 to 8 April 1991. However, item 35 (Record of Assignments) shows he departed the Buffalo MEPS on 3 October 1990, enroute to Fort Campbell, KY. He was assigned to the 2nd Battalion, 187th Infantry Regiment on 4 November 1990. 4. Permanent Orders Number 091-047, issued by Headquarters, 3rd Brigade, 101st Airborne Division (Air Assault), Camp Eagle, Kingdom of Saudi Arabia on 1 April 1991, awarded him the Army Commendation Medal for service from 16 December 1990 to 16 January 1991. 5. Permanent Orders Number 116-015, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY on 26 April 1991, awarded him the Combat Infantryman Badge for service from 25 to 28 February 1991. 6. Permanent Orders Number 232-066, issued by Headquarters, 101st Airborne Division, at Fort Campbell, KY on 20 August 1991, awarded him the Air Assault Badge for service from 17 July to 31 July 1991. 7. The Gulf Roster shows he received hostile fire pay/imminent danger pay for service in Saudi Arabia from 1 October 1990 to 15 April 1991. 8. He also served in Korea from 15 October 1992 to 21 October 1993. He then returned to Fort Campbell and he was honorably released from active duty on 3 July 1994. His DD Form 214 for this period of service shows he completed 3 years, 9 months, and 1 day of active service. It also shows in: * Item 12f (Foreign Service) – 1 year, 7 months, and 5 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * National Defense Service Medal * Army Lapel Button * Good Conduct Medal * Noncommissioned Officer (NCO) Professional Development Ribbon * Overseas Service Ribbon * Kuwait Liberation Medal – Kingdom of Saudi Arabia * Air Assault Badge * Southwest Asia Service Medal with two bronze service stars * Combat Infantryman Badge * Expert Marksmanship Qualification Badge w/Grenade Bar * Expert Marksmanship Qualification Badge w/Rifle Bar (M-16) * Army Commendation Medal (1st Oak Leaf Cluster) * Army Achievement Medal (1st Oak Leaf Cluster) * Expert Marksmanship Qualification Badge w/Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge w/Pistol Bar * Item 18 (Remarks) does not show deployment to Southwest Asia 9. After a break in service, he enlisted in the RA on 6 March 1997. He was assigned to Fort Huachuca, AZ. His DA Form 2-1 for this period of service shows he served in Southwest Asia from November 1990 to April 1991. 10. He reenlisted in September 1999 and in October 2000 while at Fort Huachuca. He then served in Germany from February 2001 to September 2004. While in Germany, he deployed to Kosovo from 8 May 2002 to 22 November 2002. 11. He was honorably discharged on 8 September 2004 by reason of disability with entitlement to severance pay. His DD Form 214 for this period of service shows he completed 7 years, 6 months, and 3 days of active service. It also shows in: * Item 12f – 4 years, 6 months, and 20 days of foreign service * Item 13 – he was awarded or authorized the: * Army Commendation Medal (3rd Award) * Army Achievement Medal (5th Award) * Good Conduct Medal (2nd Award) * National Defense Service Medal (2nd Award) * Southwest Asia Service Medal with two bronze service stars * NCO Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * North Atlantic Treaty Organization (NATO) Medal * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Kuwait * Combat Infantryman Badge * Expert Infantryman Badge * Air Assault Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Pistol Bar * Army Lapel Button * Korean Defense Service Medal * Kosovo Campaign Medal with bronze service star * Global War on Terrorism Service Medal * Item 18, in part, "Service in SWA (Southwest Asia) 19900110-19900510" and "Service in Kosovo 20020508-20021113" REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for entry of the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) in item 12f. A more recent version of this regulation stated for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18. DISCUSSION: 1. The applicant enlisted in the RA on 3 October 1990 and he was honorably released from active duty on 3 July 1994. During his first period of service, there was no requirement to list deployment dates in the Remarks block of the DD Form 214. That is why his DD Form 214 for the period 3 October 1990 to 3 July 1994 does not mention his deployment in item 18. 2. The applicant then enlisted in the RA on 6 March 1997 and served through two reenlistments. He was honorably discharged from active duty on 8 September 2004. During his second period of service, there was a requirement to list deployments that occurred during the period covered by the DD Form 214 in the Remarks block of the DD Form 214. a. He only deployed to Kosovo during this period. For unknown reasons, this DD Form 214 also listed his Southwest Asia deployment which did not occur during the period covered by this DD Form 214, and the wrong dates are listed as 10 January 1990 to 10 May 1990. The applicant could not have begun his Southwest Asia service earlier than the date he enlisted/entered active duty the first time on 3 October 1990. b. His second DD Form 214 inadvertently listed the incorrect dates of his deployment to Southwest Asia; therefore, this DD Form 214 would be the one that requires correction. The Gulf War Roster shows his deployment starting on 1 October 1990, which is erroneous because he did not enter active duty until 3 October 1990. By using the entry on his DA Form 2-1, it appears his dates of deployment to SWA were from 1 November 1990 to 15 April 1991 not from 1 November 1990 to 28 February 1991, the dates he expressly requested on his application. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015362 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015362 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2