IN THE CASE OF:	 

		BOARD DATE:	       22 January 2009

		DOCKET NUMBER:  AR20080006966 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the dates of his foreign service. 

2.  The applicant states, in effect, he has served in Germany and in Saudi Arabia but the service is not shown on his DD Form 214.  

3.  The applicant provides a DD Form 214 (Report of Separation from Active Duty) for the period ending 26 March 1979, a DD Form 214 for the period ending 30 June 2003, a self-authored memorandum, subject:  Corrected DD 214 for Foreign Service Time, dated 1 July 2003, a copy of DA Form 2-1 (Personnel Qualification Record), two DA Forms 2166-7 (NCO [Noncommissioned Officer] Evaluation Report), and military orders in support of this 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 requests that his overseas service in Germany be added to his DD Form 214.  The applicant provided a DD Form 214 for the period ending
26 March 1979.  Item 18f (Foreign and/or Sea Service) on this form shows the entry "0 5 23" and Item 27 (Remarks) shows, among other entries, "Last overseas assignment  Germany – 30 March 1977 – 22 September 1977."  His service in Germany is appropriately shown on his DD Form 214 for that period of service and no further action is warranted.  Therefore, this part of the applicant's request will not be discussed further in this Record of Proceedings.

3.  Records show the applicant enlisted in the Regular Army on 9 March 1976 and served in military occupational specialty (MOS) 64C (motor transport operator).  On 26 March 1979, having served 3 years of net active service this period, he was honorably released from active duty and transferred to the United Stated Army Reserve (USAR) Control Group (Reinforcement ) to complete his remaining Reserve obligation.  Records further show that on 23 June 1983, he entered active duty in an Active Guard Reserve (AGR) status and continued to serve until his retirement on 30 June 2003.

4.  The applicant also provided a DD Form 214 for the period ending 30 June 2003.  Block 12f (Foreign Service) on this DD Form 214 does not show any foreign service.  Block 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the same DD Form 214 shows the Army Commendation Medal (4th award), Army Achievement Medal, Army Good Conduct Medal (4th award), National Defense Service Medal (2nd award), Armed Forces Reserve Medal (2nd award), Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Army Reserve components Overseas Training Ribbon, Driver and Mechanic Badge with Driver-A Bar [for amphibious vehicles], and the Driver and Mechanic Badge with Driver-W Bar [for wheeled vehicles]. 

5.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Desert Storm Database.  The primary 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 Reservist, 


National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and National Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991.

6.  The Desert Shield/Desert Storm Database shows the applicant served in Southwest Asia from 15 January 1991 to 10 April 1991.

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

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

9.  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.

10.  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.

11.  Army Regulation 635-5 (Personnel Separations - 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.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

12.  Army Regulation 635-5 further 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 (Remarks) on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his foreign service has been carefully considered and found to have merit.

2.  The Desert Shield/Storm Database shows the applicant served in Southwest Asia from 15 January 1991 to 10 April 1991.  Therefore, it would be appropriate to amend item 12f and item 18 of his DD Form 214 accordingly for the period ending 30 June 2003 to show this foreign service.

3.  Based on the applicant’s service in Southwest Asia from 15 January 1991 to 
10 April 1991, he is entitled to award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU.  His DD Forms 214 for the period ending 
23 June 2003 should be corrected to show these awards.

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:

	a.  deleting from item 12f of his DD Form 214 for the period ending 30 June 2003 the entry "0000  00  00";

   b.  adding to item 12f of his DD Form 214 for the period ending 30 June 2003 the entry “0000  02  26”;
   
   c.  adding to item 13 of the DD Form 214 for the period ending 30 June 2003 the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU; and
   
   
d.  adding to item 18 of the DD Form 214 for the period ending 30 June 2003
the entry, “SERVICE IN SOUTHWEST ASIA FROM 19910115 – 19910410.”



      _________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)                                         AR20080006966



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ABCMR Record of Proceedings (cont)                                         AR20080006966



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