ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2019 DOCKET NUMBER: AR20190010983 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 September 1992 to show his deployment to Southwest Asia (SWA). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending 24 September 1992 * attachment/release from attachment memorandum, dated 9 January 1991 * attachment/release from attachment memorandum, dated 31 March 1991 * orders for the Bronze Star Medal (BSM) * BSM Certificate 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 (ABCMR) 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: * the dates of his deployment to SWA in support of Operations Desert Shield and Desert Storm were not entered on his DD Form 214 * he was in theater from 9 January to 31 March 1991 * the SWA Service Medal and the Kuwait Liberation Medal are listed on his DD Form 214 * placing his deployment dates on the DD Form 214 will allow creditable military service to be properly calculated for his civilian service with the Department of the Army 3. The applicant enlisted in the Regular Army on 26 January 1988. 4. A memorandum dated 9 January 1991, subject: Attachment/Release from Attachment, directed the applicant's attachment to the 164th Military Intelligence (MI) Company, APO New York 09616, effective 9 January 1991, in support of Operation Desert Shield. The memorandum shows he was a member of the 746th MI Battalion, Panama. 5. A memorandum dated 31 March 1991, subject: Attachment/Release from Attachment, directed the applicant's release from attachment to the 164th MI Company, and return to home unit, effective 31 March 1991. 6. Permanent orders issued by Headquarters, U.S. Army Forces Central Command, dated 21 April 1991, awarded the applicant the BSM for meritorious achievement during the period 9 January to 1 April 1991. A BSM Certificate, dated 4 May 1991, shows he was awarded the BSM for meritorious achievement during Operation Desert Storm. 7. The Defense Finance and Accounting Services confirmed the applicant received hostile fire pay/imminent danger pay from 1 January to 30 April 1991. 8. The applicant's DD Form 214 shows he was released from his enlisted active duty service and ordered to active duty as a commissioned officer on 24 September 1992. The DD Form 214 does not show the dates of his service in SWA in block 18 (Remarks). BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting document, and evidence on the records. The Board considered the applicant’s statement, his record of service, the attachment orders in his record, his Bronze Star Award certificate, and the available Defense Finance and Accounting Service records. Based on a preponderance of evidence, the Board determined that the absence of the applicant’s service on SWA on his DD Form 214 was in error. 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 amending the DD form 214 for the period of service ending 24 September 1992 to add to item 18 (Remarks) - "SERVICE IN KUWAIT/IRAQ FROM 19910109-19910401)." 8/10/2020 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. 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 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), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provides standardized policy for the preparation of the DD Form 214 and states that in block 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD- YYYYMMDD)." //NOTHING FOLLOWS//