IN THE CASE OF: BOARD DATE: 18 May 2010 DOCKET NUMBER: AR20090019306 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his service in Iraq during Operation Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he served in combat with the 1st Infantry Division. 3. The applicant provides an Army Commendation Medal (ARCOM) certificate. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant’s military records show that he enlisted in the Regular Army on 12 May 1988, was awarded the military occupational specialty of light wheeled vehicle mechanic, and was promoted to pay grade E-4. 3. The applicant was awarded the ARCOM for meritorious service for the period 17 January to 28 February 1991. In the ARCOM certificate it is stated that the ARCOM was for his service while engaged in ground combat. 4. The applicant was honorably released from active duty on 3 June 1996 due to a reduction in force of the Army. The DD Form 214 he was issued has no mention of the applicant serving in the Persian Gulf area of operations during Operation Desert Storm. 5. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 and 1995. 6. The DMDC Desert Shield/Storm Data Base shows the applicant as having participated in-theater during Operation Desert Storm from 21 January to 2 May 1991. 7. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) 8. Army Regulation 600-8-22 states the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. 9. Army Regulation 600-8-22 states the Kuwait Liberation Medal - Government of Kuwait (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. 10. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format. DISCUSSION AND CONCLUSIONS: 1. The DMDC verifies that the applicant served in-theater during Operation Desert Shield/Storm from 21 January to 2 May 1991. 2. Based on that service, he is entitled to * the SWASM with two bronze service stars * the Kuwait Liberation Medal - Government of Kuwait (KLM-KU) * the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) 3. The applicant is also entitled to have his DD Form 214 corrected to show his service in theater by making the following entry in item 18: Saudi Arabia 19910121 – 19910502. BOARD VOTE: ___X____ ___X____ ____X__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. Adding to Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): the SWASM with two bronze service stars, KLM-KU, and KLM-SA. b. Adding to Item 18: Saudi Arabia 19910121 – 19910502. _______ _ 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. ABCMR Record of Proceedings (cont) AR20090019306 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090019306 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1