RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20070014224 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, in effect, that he be awarded the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal awarded by the Government of Kuwait for service in the Government of Kuwait and authorization for wear of the Combat Patch on his uniform.

2.  The applicant states, in effect, that he served in support of Operation Desert Shield/Desert Storm in Kuwait. 

3.  The applicant provided copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), Description for award of the Southwest Asia Service Medal, and the Kuwait Liberation Medal from the Government of Kuwait in support of this claim.

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 7 August 1991 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 19K (Armor Crewman).

3.  The applicant's DD Form 214 shows that, on 12 July 1995, he was honorably discharged from active duty.  This DD Form 214 also shows he completed a total of 3 years, 11 months, and 6 days of creditable active service with no time lost and the highest rank he attained while serving on active duty was specialist four/pay grade E-4.  Item 12f (Foreign Service) shows on his DD Form 214 shows 2 years, 1 months, and 11 days. 



4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of the applicant's DD Form 214 does not show award of the Southwest Asia Service Medal with one bronze service star or the Kuwait Liberation Medal.  

5.  Item 13 shows that the applicant was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Pistol Bar, and the Expert Marksmanship Qualification Badge with Grenade Bars.

6.  Item 18 (Remarks) of this DD Form 214 does not show that the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm in Kuwait.

7.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served overseas in Germany during the period 23 March 1993 through 22 March 1995.

8.  There are no orders in the applicant's service record which show he was awarded the Southwest Asia Service Medal with one bronze service star or the Kuwait Liberation Medal.  

9.  The DMDC compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  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.  The Desert Shield/Storm Data Base shows that the applicant served in-theater during the period 1 August 1992 though 30 November 1992. 

10.  Army Regulation 600-8-22 further provides, in pertinent part, 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).



11.  The Kuwait Liberation Medal 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.

12.  Army Regulation 635-5 (Separation Documents), in pertinent part, states that Item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.  It also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the following statement will be entered in Item 18 (Remarks):  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

13.  Army Regulation 670-1 (Wear And Appearance Of Army Uniforms And Insignia) paragraph 28-17 states that authorization to wear a shoulder sleeve insignia indicating former wartime service applies only to soldiers who are assigned to U.S. Army units that meet all the following criteria. Soldiers who were prior members of other Services that participated in operations that would otherwise meet the criteria below are not authorized to wear the SSI-FWTS.   Wear is reserved for individuals who were members of U.S. Army units during the operations.  Shoulder sleeve insignia including the Combat Patch are not authorized awards under the provisions of Army Regulation 600-8-22 (Military Awards).  As a result, they are not authorized for placement on the DD Form 214. Although, it is not appropriate to place the Combat Patch on the applicant's separation document, this does not preclude him from wear of the Combat Patch if he is authorized and this matter will not be discussed further in this proceeding.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record is in error and should be corrected to show award of the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal for service in the Kingdom of Saudi Arabia.

2.  Evidence of record shows that the applicant served in Southwest Asia during the period 1 August 1992 to 30 November 1992 which includes participation in the Cease-fire Campaign.  Therefore, the applicant is entitled to have his record corrected to show award of the Southwest Asia Service Medal with one bronze service star.

3.  Based on the applicant's service in Southwest Asia, the applicant is also entitled to correction of his record to show award of the Kuwait Liberation Medal awarded by the Government of Kuwait.  Therefore, the applicant is entitled to have his record corrected to show this foreign award.

4.  Evidence of record shows that the applicant served in Southwest Asia in support of Operations Desert Shield and Desert Storm, therefore he is entitled to correction of Item 18 (Remarks) of his DD Form 214 to show his service in Southwest Asia by adding the entry "SWA SERVICE:  19920801 -19921130."

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 all Department of the Army records of the individual concerned be corrected by adding award of the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal awarded by the Government of Kuwait, and to show in item 18 (Remarks) of his DD Form 214 his service in Southwest Asia by adding the entry "SWA SERVICE:  19920801 -19921130."






      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070014224



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508