IN THE CASE OF: BOARD DATE: 31 August 2010 DOCKET NUMBER: AR20100008877 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 correction of item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 June 1994 to show his deployment in Southwest Asia. He also requests award of the Presidential Unit Citation. 2. The applicant states: * His service during Operation Desert Storm was never placed on his DD Form 214 * During Operation Desert Storm he was in the 46th Chemical Company, 2nd Chemical Battalion, 13th COSCOM [Corps Support Command], Fort Hood, Texas * He left for Operation Desert Storm on or about 14 January 1991 and returned on or about 5 May 1991 * His unit received the Presidential Unit Citation for Operation Desert Storm 3. The applicant provides two pay stubs in support of his application. 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. Having prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 31 October 1990 for a period of 4 years. He served as a chemical operations specialist. His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the 46th Chemical Company at Fort Hood, Texas from 10 December 1990 until he was released from active duty on 21 June 1994. 3. The applicant's DD Form 214 for the period ending 21 June 1994 shows the National Defense Service Medal, Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Army Lapel Button, Expert Marksmanship Qualification Badge with Grenade Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. Item 18 on this DD Form 214 does not show any deployments. 4. The Defense Manpower Data Center (DMDC) 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 and one record for each Reserve and National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm. 5. The Operations Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 15 January 1991 to 6 May 1991. 6. The Human Resources Command, Military Awards Branch, Recently Approved Unit Awards Register shows the 46th Chemical Company was not cited for the Presidential Unit Citation while the applicant was assigned to it. 7. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995). 8. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18. DISCUSSION AND CONCLUSIONS: 1. The entry from the DMDC is accepted as sufficient evidence on which to amend item 18 on the applicant’s DD Form 214 to show his dates of service in Southwest Asia. Therefore, item 18 on his DD Form 214 for the period ending 21 June 1994 should be corrected to show he served in Southwest Asia from 15 January 1991 to 6 May 1991. 2. As a related issue, based on the applicant's service in Southwest Asia, he is authorized the SWASM with three bronze service stars, KLM-SA, and KLM-KU. Therefore, his DD Form 214 for the period ending 21 June 1994 should be corrected to show these medals. 3. The applicant contends his unit received the Presidential Unit Citation during Operation Desert Storm. However, evidence of record shows his unit was not cited for award of the Presidential Unit Citation. Therefore, there is insufficient evidence on which to amend his DD Form 214 for the period ending 21 June 1994 to show this unit citation. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X___ ___X____ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. adding the SWASM with three bronze service stars, KLM-SA, and KLM-KU on his DD Form 214 for the period ending 21 June 1994; and b. adding the entry "SERVICE IN SOUTHWEST ASIA: 19910115-19910506" in item 18 on this DD Form 214. 2. The Board further determined that 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 award of the Presidential Unit Citation. _______ _ 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) AR20100008877 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100008877 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1