IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160017484 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ __x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160017484 BOARD DETERMINATIONS/RECOMMENDATIONS: 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. ____________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: 5 September 2018 DOCKET NUMBER: AR20160017484 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 records to show his Gulf War Service on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he believes the omission was an administrative error. 3. The applicant provides copies of: * Operation Desert Shield certificate * DD Form 214 * DA Form 638 (Recommendation for Award) for an Army Commendation Medal 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 served on active duty in the Regular Army from 2 August 1989 through 3 March 1997 with subsequent Army National Guard service from 3 April 1997 through 15 July 1998. 3. An undated Desert Shield certificate does not contain any information except the applicant's name and social security number. 4. A review of the applicant's pay records failed to indicate any hazardous duty or eminent danger pay being authorized during the period of Operation Desert Shield/ Desert Storm. 5. His DA From 2-1 (Personnel Qualification Record - Part II) shows: * service in Germany from 6 January 1990 through 5 January 1992 * award of the : * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar * Aircraft Crewman Badge 6. The 3 March 1997 DD Form 214 shows the same awards as the DA 2-1 and does not include a remark indicating service in Operation Desert Shield/Desert Storm. 7. A review of the Gulf War Roster failed to locate a reference to the applicant. REFERENCES: 1. Army Regulation 635–8 (Separation Processing and Documents) states block 18 (Remarks) is to be used for HQDA mandatory requirements when a separate block is not available; as a continuation for entries in blocks 9, 11, 13, and 14. For Soldiers deployed with their units enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)." 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: Without additional information on the dates and location of any possible deployment during Operation Desert Shield, the certificate provided is insufficient to make the desired correction. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017484 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017484 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2