IN THE CASE OF: BOARD DATE: 30 September 2022 DOCKET NUMBER: AR20220000214 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release from Active Duty) for the period ending 31 January 1996 to show his combat service in: * Lebanon Conflict from 1982 through 1983 * Grenada in 1983 * Panama from 1989 through 1990 * Persian Gulf War from 1990 through 1991 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 for the period ending 14 January 1976 * DD Form 214 for the period ending 31 January 1996 * Self-generated DD Form 215 (Correction to DD Form 214), 12 November 2021 * Brief in Support of Application for Correction of Military Records for Sergeant First Class 1 January 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Record (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 his military records should reflect all periods of wartime service. He wants the following periods of wartime service added to his DD Form 214 for the period ending 31 January 1996: * Lebanon Conflict from 1982 through 1983 * Grenada in 1983 * Panama from 1989 through 1990 * Persian Gulf War from 1990 through 1991 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 5 (Oversea Service) – overseas tour credit for – * Germany from 6 June 1974 through 13 January 1976 (19 months) * Alaska from 13 June 1984 through 12 December 1986 (30 months) * Korea from 7 January 1992 through 9 November 1992 (10 months) * item 35 (Record of Assignments) – no combat service assignments 4. He retired on 31 January 1996. Item 18 (Remarks) of his DD Form 214 covering the period 27 December 1977 through 31 January 1996 is void of entries for deployments. 5. The Defense Finance and Accounting Service is unable to retrieve Master Military Pay Account information to verify the applicant's claim of combat service in the form of hostile fire/imminent danger pay and combat zone tax exemption in the following areas and periods: * Lebanon Conflict from 1982 through 1983 * Grenada in 1983 * Panama from 1989 through 1990 6. His Defense Finance and Accounting Service Master Military Pay Account does not reflect hostile fire/imminent danger pay and combat zone tax exemption for the Persian Gulf War from 1990 through 1991. 7. The Defense Manpower Data Center compiled the Operations Desert Shield/Desert Storm data base. The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. The data base does not show an entry for the applicant. 8. The applicant's service records are void of documentation verifying his claim of combat service and he did not provide any evidence in support of his claim. 9. He provided a self-authored legal brief in support of another Soldier's application to the ABCMR. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The applicant’s DD Form 214 covering the period 27 December 1977 to 31 January 1996 is void of entries for deployments. DFAS is unable retrieve his Master Military Pay Account information to verify the applicant's claim of combat service in the form of hostile fire/imminent danger pay and combat zone tax exemption in the contested areas of Lebanon, Grenada, and Panama. His DFAS Master Military Pay Account does not reflect hostile fire/imminent danger pay and combat zone tax exemption for the Persian Gulf War from 1990 through 1991 and his name is not listed on the Gulf Roster. His service records are void of documentation verifying his claim of combat service and he did not provide any evidence in support of his claim. The Board determined there is no evidence to support granting the applicant’s request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. 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, 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 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. 2. Army Regulation 635-5 (Separation Documents), effective 2 October 1989, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate. a. Personnel officers will use the following source documents when preparing DD Forms 214 and other separation documents: * DA Form 201 (Military Personnel Records Jacket) * DA Forms 2 and 2-1 (Personnel Qualification Records) * separation orders * DD Forms 4 (Enlistment/Reenlistment Documents) * DA Form 3716 (Personnel Financial Record) * enlistment records and DD Forms 214 for prior-service personnel * any other available records b. There were no provisions for entering deployed service. 3. Army Regulation 635-5, effective 30 September 2000, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate. The specific instructions for item 18 (Remarks) for active duty Soldiers stated to list any/all deployments outside the continental United States completed during the period of the DD Form 214 being created; e.g., "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000214 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1