IN THE CASE OF: BOARD DATE: 24 August 2023 DOCKET NUMBER: AR20230000239 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show deployment in support of Operation Desert Shield. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 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 his DD Form 214 doesn’t show his deployment to the Gulf War and hazard pay. 3. The applicant enlisted in the United States Army Reserve on 21 December 1988 for a period of 8 years in the delayed entry program (DEP). He was discharged from the DEP enlisting in the Regular Army for a period of 4 years on 7 February 1989. 4. The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he completed his required training and was assigned military occupational specialty (MOS) 12B (combat engineer). He completed basic airborne school and was assigned to Fort Bragg, NC effective 29 June 1989. 5. On 22 October 1990, the applicant accepted non-judicial punishment for, on or about 14 September 1990, through neglect missing the movement of Headquarters and Headquarters Company, 307th Engineer Battalion, to Saudi Arabia with which he was required in the course of duty to move. 6. The applicant was counseled on 22 October 1990 for potential discharge under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) in accordance with paragraph 1-18. 7. On 3 November 1990, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense, with a general, under honorable conditions discharge. He was advised of his rights. The applicant acknowledged notification, consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended separation with a general, under honorable conditions discharge. On 10 November 1990, the separation authority directed that the applicant be discharged with a general, under honorable conditions character of service. 8. The applicant was discharged on 5 December 1990, under the provisions of AR 635-200, paragraph 14-12c with a general, under honorable conditions character of service. The applicant’s DD Form 214 shows he was credited 1 year, 9 months, 29 days net service this period. Item 12f (Foreign Service) does not reflect any period of foreign service. 9. The applicant applied to the Army Discharge Review Board (ADRB) for review of his discharge in 1999. The ADRB found the applicant’s discharge to be proper and equitable. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found the evidence indicates the applicant did not deploy with his unit in support of Operations Desert Shield/Desert Storm. The evidence shows he missed the movement of his unit to Saudi Arabia in September 1990 and was later discharged for this misconduct. While there is some evidence that he may have deployed later (his record of non-judicial punishment shows his unit at an overseas address and his pre- separation mental status evaluation indicates he may have been evaluated overseas), there is no documentation clearly defining any period he may have served overseas. Based on a preponderance of the evidence, the Board determined there is an insufficient basis for granting the requested relief. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx 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. AR 635-8 (Separation Processing and Documents) provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. It states for Block 18, for an active duty Soldiers deployed with their unit during their continuous period of active service, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” 3. AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000239 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1