ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 April 2019 DOCKET NUMBER: AR20180012943 APPLICANT REQUESTS: the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his period of service in Saudi Arabia in 1991. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congressional Correspondence, dated 17 September 2018 * Orders 7-1, dated 4 February 1991 * Orders 93-3, dated 2 May 1991 * 11 Leave and Earning Statements (LES) * Officer Evaluation Report for the rated period ending 3 May 1991 * Letter, Defense Finance and Accounting Service (DFAS), dated 28 March 1992 * Wage and Tax Statement (W-2), dated 1992 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he did not receive a DD Form 214 when he returned from Saudi Arabia in 1991, he left in Mid-January 1991 and he returned in May 1991. 3. The applicant served as a U.S. Army Reserve (USAR) lieutenant colonel (LTC). 4. He provides an LES for the pay period 1-31 January 1991, which shows his unit mobilized on 27 December 1990, and he was authorized family separation pay and basic allowance for housing on 12 January 1991. 5. His record contains a memorandum, subject: Unqualified Resignation, dated 27 December 1990, wherein he tendered the unqualified resignation of his commission in the USAR upon his release from orders for Operation Desert Shield. 6. Orders 7-1, published by the 332nd Medical Brigade, on 4 February 1991 assigned the applicant to the 410th Evacuation Hospital, APO, NY, in Support of Desert Storm, for the duration of Operation Desert Storm, effective 7 February 1991, to perform duty as a thoracic surgeon. 7. He provides a series of LESs for the pay periods 1-31 March 1991, 1-30 April 1991, and 1-15 May 1991, which show he began receiving differential pay for danger pay on 1 February 1991 and he stopped receiving danger pay on 30 April 1991. 8. Orders 93-3, published by U.S. Army Aberdeen Proving Ground Support Activity, Aberdeen Proving Ground, MD, on 2 May 1991, released him from active duty effective 16 May 1991. 9. His OER for the rated period 6 February 1991 through 3 May 1991 states the applicant served as a thoracic and general surgeon in a forward evacuation hospital in a combat zone where he cared for the injuries of the chest and abdomen. 10. Orders 132-026, published by Headquarters, First U.S. Army and Fort George G. Meade, Fort George G. Meade, MD, on 21 June 1991 honorably discharged him from the USAR Ready Reserve, and terminated all Reserve of the Army and Army of the United States appointments, effective 21 June 1991. 11. The applicant's name is not listed on the Gulf War roster nor does his record does not contain the specific location of his deployment. 12. The exact dates of the applicant's active duty and foreign service are unknown. However, his record does show he was ordered to active duty sometime between 27 December 1990 and 12 January 1991 and he arrived in Southwest Asia on or around 1 February 1991. His record is unclear as to the date he departed Southwest Asia, but the record shows he was released from Active duty on 2 May 1991. 13. His military record does not contain a DD Form 214 for the aforementioned period of active duty service. It is unknown whether the installation from which he separated failed to issue a DD Form 214 if the installation issued a DD Form 214 but neglected to file the document in his military record. 14. Army Regulation 635-5 (Separation Documents), paragraph 2-5 (Issuance or reissuance of DD Form 214), in effect at the time stated, do not reissue the DD Form 214 to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, issue a statement of service or transcript of military record. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the statement and LES provided by the applicant, his OER, available orders and determined that his request had merit. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 issuing the applicant a DD Form 214 to reflect his active duty service and his foreign service for the period between 27 December 1990 and 16 May 1991. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records 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 of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), paragraph 2-5 (Issuance or reissuance of DD Form 214), dated 15 August 1979 stated, do not reissue the DD Form 214 to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, issue a statement of service or transcript of military record. 3. Army Regulation 635-5 (Separation Documents) dated 15 August 1979, interim change number 1, dated 2 October 1989, does not address the reissuance of record copies of the DD Form 214. However, this change did provide the following guidance for the completion of the DD Form 214: * block 12a (Date Entered Active Duty This Period) - Enter the beginning date of the enlistment period or tour of AD for which a DO Form 214 was not issued * block 12b (Separation Date This Period) - Enter separation date this period * block 12c (Nat Active Service This Period) - Enter amount of service this period * block 12f (Foreign Service) - Enter the total amount of foreign service completed during the period covered in block 12c * block 18 (Remarks) - Use this block for entries required by HQOA for which a separate block is not available and for completing entries that are too long for their blocks ABCMR Record of Proceedings (cont) AR20180012943 0 4 1