BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160005619 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160005619 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING ::x :x :x DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160005619 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, in effect, his records be corrected to add a "Campaign Badge" to reflect he was a wartime veteran during the Persian Gulf War from 1990 to 1991. 2. The applicant states an administrative error occurred. The omission was not discovered until he applied for a federal job. 3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record), DD Form 214 (Certificate of Release or Discharge from Active Duty), and a reference page concerning Public Law 105-85. 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 Regular Army 19 July 1988. He completed the necessary training and was awarded military occupational specialty (MOS) 76C (Army Equipment Records and Parts Specialist). 3. His DA Form 2-1 shows in item 5 (Oversea Service) he served in Germany from 5 January 1989 through 7 December 1990. 3. 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. 4. On 10 December 1990, he was discharged under the provisions of Army Regulation 635-200, chapter 13, due to unsatisfactory performance. He completed 1 year, 11 months, and 4 days of net active service this period. 5. The applicant's name is not listed on the Department of the Army (DA) Gulf War Roster. 6. He provides a reference page concerning Public Law 105-85. Public Law 105-85 pertains to the awarding of preference to veterans applying for federal employment. REFERENCES: 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: 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 that shows he served in the Persian Gulf. His name is not included among the list of names on the DA Gulf War Roster. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005619 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005619 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2