RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070006555 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 December 1991 be corrected to add three awards of the Army Achievement Medal, the Southwest Asia Service Medal (SWASM) with three bronze service stars, and the Kuwait Liberation Medal “(L).”  He also requests that his deployment to Operation Desert Shield/Storm be added to his DD Form 214.

2.  The applicant states that his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) indicates his tour and awards even though they were performed/earned while he was on active duty.  He states he deployed in August 1990 with the 24th Infantry Division and returned in March 1991.

3.  The applicant provides no supporting evidence. 

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 enlisted in the Regular Army on 30 November 1988.  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).

3.  Historical records show that the first U. S. forces arrived in Saudi Arabia on    8 August 1990.  Those records also show that the first ship with the equipment of the 24th Infantry Division (Mechanized) departed Savannah, GA on 13 August 1990.

4.  Headquarters, 24th Infantry Division (Mechanized), Operation Desert Shield, Permanent Orders 12-13, dated 1 December 1990, awarded the applicant the Army Achievement Medal (2d Oak Leaf Cluster).
5.  Historical records show that the redeployment of the 24th Infantry Division (Mechanized) began on 8 March 1991.

6.  The applicant was released from active duty on 6 December 1991.  His       DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Overseas Service Ribbon, and the Marksman Marksmanship Qualification Badge (M16 Rifle).  Item 18 (Remarks) of his DD Form 214 does not show he deployed to Southwest Asia.

7.  The applicant enlisted in the Army National Guard on 26 October 1999.  He was discharged from the Army National Guard on 25 October 2001.  His NGB Form 22 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, one award of the Army Achievement Medal, the SWASM with three bronze service stars, and the Kuwait Liberation Medal “(L).”

8.  The applicant is currently serving in the U. S. Army Reserve.

9.  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 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 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

10.  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.

11.  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.

12.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item     18 on the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  There is evidence of record to show the applicant served during Operation Desert Shield/Storm with the 24th Infantry Division (Mechanized).  Historical records show that the first U. S. forces arrived in Saudi Arabia on 8 August 1990. Those records also show that the first ship with the equipment of the 24th Infantry Division (Mechanized) departed Savannah, GA on 13 August 1990.  In the absence of evidence to the contrary, and in the absence of evidence showing the applicant’s actual arrival date, it is presumed that he arrived in the theater of operations on 13 August 1990.

2.  Historical records show that the redeployment of the 24th Infantry Division (Mechanized) began on 8 March 1991.  In the absence of evidence showing the applicant’s actual departure date, it is presumed that he departed the theater of operations on 8 March 1991.

3.  Item 18 of the applicant’s DD Form 214 should be amended to show he served in Southwest Asia from 13 August 1990 through 8 March 1991.

4.  The applicant was awarded the Army Achievement Medal (2d Oak Leaf Cluster) (i.e., three awards of the decoration) in December 1990.  His DD Form 214 should be amended to reflect this fact.

5.  By reason of the applicant’s deployment to the Persian Gulf, he is eligible for award of the SWASM with two (not three) bronze service stars, the KLM-SA, and the KLM-KU.  These awards should be added to his DD Form 214.

6.  Army Regulation 600-8-22 does not list a Kuwait Liberation Medal “(L).”

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__wdp___  __jlp___  __dws___  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 two bronze service stars, the KLM (SA), the KLM (KU), and three awards of the AAM to his DD Form 214 for the period ending      6 December 1991; and

     b.  amending item 18 of his DD Form 214 for the period ending 6 December 1991 to add, “service in Southwest Asia from 13 August 1990 through 8 March 1991.”

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 adding the KLM “(L)” or the SWASM with three bronze service stars to his DD Form 214 for the period ending 6 December 1991.




__William D. Powers___
          CHAIRPERSON




INDEX

CASE ID
AR20070006555
SUFFIX

RECON

DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.04
2.
110.00
3.

4.

5.

6.