RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 MAY 2008
	DOCKET NUMBER:  AR20070018962 


	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, her participation in Operation Desert Shield be documented on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 December 1990.

2.  The applicant states, in effect, when she was separated, procedures were not in place to record her participation in Operation Desert Shield on her 
DD Form 214.

3.  The applicant provides a copy of her DD Form 214, five pages from her military service records, and two Leave and Earnings Statements.

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 personnel record shows she enlisted in the Regular Army on 4 January 1984 for a period of 3 years.  She successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 71L (administrative specialist).  She continued to serve until the date of her discharge.

3.  On 16 May 1988, the applicant was assigned to Headquarters and Headquarters Company, 101st Airborne Division and remained until her date of discharge.

4.  On 19 December 1990, the applicant was discharged by reason of parenthood of a married service woman.  She had completed 6 years, 
11 months, and 16 days of active service that was characterized as honorable.  There are no entries on the applicant's DD Form 214 indicating she participated in Operation Desert Shield.
5.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that 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 Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and Guard members the file includes those persons activated or federalized from 
2 August 1990 through 31 December 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 participated in-theater during the period from 1 August 1990 to 30 September 1990.

7.  The applicant's record shows that she is entitled to additional awards, which she did not request and are not listed on her DD Form 214.

8.  Department of the Army General Order Number 27, dated 27 December 1994, awarded Headquarters and Headquarters Company, 101st Airborne Division the Meritorious Unit Commendation (Army) for the period from 
18 August 1990 to 4 April 1991.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Kuwait Liberation Medal - Government of Kuwait 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 600-8-22 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 Campaign (2 August 1990 to
16 January 1991).

11.  Army Regulation 635-5 (Separation Documents), currently in effect, establishes the standardized policy for preparing and distributing the 
DD Form 214.  In pertinent part, it directs that when an active duty Soldier is deployed with her unit during the period covered by the DD Form 214, an entry will be made in Item 18 (Remarks) to show “Service in (name of country deployed) From (inclusive dates for example, YYYYMMDD – YYYMMDD).”


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her participation during Operation Desert Shield should be reflected on her DD Form 214.

2.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 August 1990 to 30 September 1990.  Therefore, she is entitled to the Southwest Asia Service Medal with one bronze service star.

3.  Based on the applicant's service in Southwest Asia from 1 August 1990 to 
30 September 1990, she is authorized the Kuwait Liberation Medal - Government of Kuwait. 

4.  Based on the applicant’s service in Southwest Asia in support of Operation Desert Shield and in accordance with current standards it is appropriate to amend Item 18 of her DD Form 214 to show “Operation Desert Shield/Southwest Asia Service from 19900801 - 19900930 (1 August 1990 - 30 September 1990).”

5.  Based on her period of service with Headquarters and Headquarters Company, 101st Airborne Division, the applicant is authorized the Meritorious Unit Commendation (Army).

BOARD VOTE:

___X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 to show she is authorized the Meritorious Unit Commendation (Army), the Southwest Asia Service Medal with one bronze service star, and the Kuwait Liberation Medal - Government of Kuwait.

2.  The Board further recommends that Item 18 of the applicant's DD Form 214 be amended to include the entry: Operation Desert Shield/Southwest Asia Service from 19900801 - 19900930.




      	________X______________
                		CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070018962



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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