ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  13 January 2020 DOCKET NUMBER:  AR20170001865 


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Transfer from Active Duty) to show his deployment to the “Middle East” in support of the Gulf War from 29 July 1991 to 30 September 1991.   

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Army Achievement Medal (AAM), dated 30 September 1997



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states that his DD Form 214 for ending period 10 January 1994 shouldshow his deployment to the “Middle East” from 29 July 1991 to 30 September 1991, forwhich her received an AAM.  He also states he is unable to receive any Gulf Warbenefits because of the omission of the deployment on his DD Form 214.

3.On 11 January 1990, the applicant enlisted in the Regular Army.

4.The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served inthe 3rd Battalion, 58th Aviation Regiment, in Germany from 11 July 1990 to 16 July1992.

5.On 3 September 1991, the applicant received an AAM for his support for “OperationProvide Comfort” from 29 July 1991 to 30 September 1991.  The recommender for theAAM annotated on the DA Form 638-1 (Recommendation for Award) the followingachievements:

•Achieved tactical tower rating in minimal time enhancing missionaccomplishment

•Assisted in the safe, orderly and expeditious flow of more than 7,000 aircraftmovements during period of award

•Assisted in preparation for deployment

•Tracked [forward arming and refueling point] operations to ensure overall safetyduring night refueling operations



6.The citation on his AAM Certificate reads, in part, as follows:

For meritorious achievement while attached to Headquarters and HeadquartersCompany, 6th Brigade, 3d Infantry Division, during Operation Provide Comfort.[Applicant] distinguished himself as an exceptional air traffic controller in support ofOperation Provide Comfort.

7.The applicant's name is not listed on the Gulf War Roster.

8.On 10 January 1994, the applicant was honorably released from active duty.  Hisrecords contain no entries confirming the location or period of any deployments.

9.The official website of the 3rd Battalion, 58th Aviation Regiment, confirms the unitdeployed to Turkey and Northern Iraq for Operation Provide Comfort I (March to July1991) and II (July 1991 to December 1996).  Operation Provide Comfort defendedKurds fleeing their homes in northern Iraq in the aftermath of the Gulf War and deliveredhumanitarian aid to the Kurds.

10.An official history of the 3rd Infantry Division confirms that nearly 1,000 Soldiers ofthe division deployed to southeastern Turkey and northern Iraq in support of OperationProvide Comfort.

11.Army Regulation (AR) 635-5 (Separation Documents) prescribes that the DD Form214 is a summary of a Soldier’s most recent period of continuous active duty.  TheDD Form 214 provides a brief, clear-cut record of all current active, prior active, andprior inactive duty service at the time of release from active duty, retirement, ordischarge.  The current version of the regulation (now AR 635-8) provides that periods aSoldier is deployed with his or her unit will be recorded in item 18 (Remarks).


BOARD DISCUSSION: 

The Board agreed that the documents related to the applicant's award of the AAM are sufficient evidence to confirm that he deployed with his unit to Southwest Asia in support of Operation Provide Comfort from 29 July 1991 to 30 September 1991.  The Board determined his DD Form 214 should be corrected to show this deployed service.  


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XXX :XXX :XXX GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is 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 adding to item 18 of his DD Form 214 the statement "Service in Southwest Asia from 29 July 1991 to 30 September 1991." 

Microsoft Office Signature Line...

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. 


REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three 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 three-year statute oflimitations if the ABCMR determines it would be in the interest of justice to do so.

2.AR 635-5 (Separation Documents) prescribes the separation documents preparedfor Soldiers upon retirement, discharge, or release from active military service or controlof the Army.  The DD Form 214 is a synopsis of the Soldier's most recent period ofcontinuous active duty.  The DD Form 214 is of vital importance to the separatingSoldier and must be properly prepared according to prescribed guidance.  The DD Form214 provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  All available military records will be used to prepare this form.  The current version of the regulation (now AR 635-8) provides that periods a Soldier is deployed with his or her unit will be recorded in item 18 (Remarks).