RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20070018649 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Larry W. Racster

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct grade and all his awards and decorations as a result of his service in the Persian Gulf War.

2.  The applicant states, in effect, that he was retained in the Army and served in Saudi Arabia during the Persian Gulf War, where he was promoted to sergeant (SGT).  Upon his return home, he was separated as a specialist (SPC) and without the service ribbons he earned for his service in the Gulf.

3.  The applicant did not provide any additional documentary evidence 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.  The applicant's records show that he enlisted in the Regular Army for a period of 3 years on 10 September 1987.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 98C (Electronic Warfare-Signal Intelligence Analyst). 

3.  The applicant's records further show that he was promoted to private first class (PFC)/E-3 on 10 May 1988; to specialist (SPC)/E-4 on 1 December 1988; and to sergeant (SGT)/E-5 on 1 April 1991. 

4.  Item 5 (Foreign Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Germany for a period of 2 years and 20 days, from 22 August 1988 to 10 September 1990.  Item 5 also shows he served in Saudi Arabia for a period of 4 months, from 13 January 1991 to 13 May 1991.
5.  He was honorably released from active duty and transferred to a U.S. Army Reserve unit on 24 June 1991.  Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) of the DD Form 214 he was issued at the time of separation show the entries SGT and E-5 respectively.  Item 12f (Foreign Service) shows he completed 2 years, 4 months, and 20 days of foreign service.

6.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Lapel Button, the Army Service Ribbon, the National Defense Service Medal, the Good Conduct Medal, the Overseas Service Ribbon, the Drivers Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Southwest Asia Service Medal with two bronze service stars.

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 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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 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.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Headquarters, 1st Infantry Division, Permanent Orders Number 10-88, dated 26 March 1991 show the applicant was awarded the Army Commendation Medal for meritorious achievement during the period 16 January 1991 to 26 February 1991.



DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was promoted to SGT/E-5 on 1 April 1991.  There is no evidence that he received a reduction in rank prior to his separation.  The DD Form 214 he was issued upon separation correctly reflects his rank/grade as SGT/E-5.  Therefore, there is no action required.

2.  Evidence of record shows that the applicant served in Southwest Asia during the Persian Gulf War from 13 January 1991 to 13 May 1991.  Therefore, he served a qualifying period for award of the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and is entitled to correction of his records to show these awards.

3.  The applicant's records show he was awarded the Southwest Asia Service Medal.  Records show the applicant participated in three campaigns during his service in the Persian Gulf War (Defense of Saudi Arabia, Liberation and Defense of Kuwait, and the Cease-Fire).  Therefore, he is entitled to award of three bronze service stars to be affixed to his Southwest Asia Service Medal.  

4.  Permanent Orders show the applicant was awarded the Army Commendation Medal for meritorious achievement, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__le____  __jrs___  __lwr_____  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.  deleting the entry "Southwest Asia Service Medal with two bronze service stars" from Item 13 of the applicant's DD Form 214, dated 24 June 1991; and 

	b.  showing award of the Kuwait Liberation Medal by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal by the Government of Kuwait, the Army Commendation Medal, and the Southwest Asia Service Medal with three bronze service stars.

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 the applicant's rank and grade.



							Lester Echols
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.