ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 April 2019

	DOCKET NUMBER:  AR20190001219


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in item 18 (Remarks) to change the dates of his foreign service in Southwest Asia (SWA) of "15 December 1991 to 1 May 1992" to "15 December 1990 to 1 May 1991."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 for the period ending on 29 May 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, in effect, that the through dates of his foreign service in SWA were entered on his DD Form 214 incorrectly.  He arrived in Germany in October 1990 and deployed in December 1990 with the 501st Military Police Battalion.  He is trying to receive a Persian Gulf bonus.

3.  The applicant's DD Form, 214 for the period 8 May 1989 through 29 May 1992, contains the following information:

* item 12f (Foreign Service) – "01 07 00"
* item 18 – "SERVICE IN SWA 15 DEC 1991 TO 1 MAY 1992"

4.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Database, which shows the applicant served in the Persian Gulf during Desert Shield/Desert Storm from 13 February 1991 to 4 May 1991. 

5.  In an email from the Defense Finance and Accounting Service (DFAS) it shows the applicant was deployed to Southwest Asia, in Saudi Arabia from 1 May 1991 to 31 May 1991.

6.  Army Regulation 635-5 (Separation Documents) states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in block 18 remarks "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief.  The applicant’s contentions were carefully considered.  Based upon the preponderance of evidence, the Board agreed to award credit combining both dates reflected in DMDC and DFAS records: 13 February 1991 through 31 May 1991.  The Board agreed his record is absent evidence that shows he served in SWA December 1990 through May 1991.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 amending his DD Form 214 for the period ending 29 May 1992 by:

* deleting in item 18 “Service in SWA 15 DEC 1991 TO 1 MAY 1992”
* adding in item 18 “Service in SWA FROM 19910213 – 19910531”

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 amending his service in SWA dates to show December 1991 – 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) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, requires the preparer to enter, from the Enlisted Record Brief, the total amount of Foreign Service completed during the period covered in block 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in block 18 remarks "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001219
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