IN THE CASE OF:	  

	BOARD DATE:	  29 JULY 2008

	DOCKET NUMBER:  AR20080005353 


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, that she be awarded the Southwest Asia Service Medal. 

2.  The applicant essentially states that she served in Southwest Asia during a qualifying period for award of the Southwest Asia Service Medal, but that her 
DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show this award.

3.  The applicant provides her DD Form 214; a letter, dated 19 March 2008, from the National Personnel Records Center; and results, dated 19 March 2008, from a Desert Shield/Storm Database inquiry 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's military records show that she enlisted in the Regular Army on 1 July 1980, and that she served on active duty until she was honorably discharged on 16 July 1992 under the provisions of the fiscal year 1992 Enlisted Voluntary Early Transition Program with Voluntary Incentives.  The DD Form 214 that she was issued at the time of her discharge shows that she was awarded the Good Conduct Medal (3rd Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon with Numeral 3 Device, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant's DD Form 214 does not show that she was awarded the Southwest Asia Service Ribbon.  However, information in the Desert Shield/Storm Database maintained by the Defense Manpower Data Center shows that the applicant served in Southwest Asia from 13 February 1991 to 
15 May 1991.  Table B-1 of Army Regulation 600-8-22 (Military Awards) contains a list of Southwest Asia Conflict campaigns, and it shows that during her service in Southwest Asia, she was credited with participating in the Liberation and Defense of Kuwait campaign and the Southwest Asia Cease-Fire campaign.  

4.  During a review of the applicant’s records, it was determined that she is entitled to additional awards and decorations that are not shown on her DD Form 214.

5.  The applicant's DD Form 214 does not show that she was awarded the Kuwait Liberation Medal awarded by the Government of Kuwait or the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia.  However, she served in Southwest Asia from 13 February 1991 to 15 May 1991.

6.  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), the Liberation and Defense of Kuwait campaign 
(17 January to 11 April 1991), and the Southwest Asia Cease-Fire campaign 
(12 April 1991 to 30 November 1995). 

7.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be awarded the Southwest Asia Service Medal.

2.  Information in the Desert Shield/Storm Database maintained by the Defense Manpower Data Center shows that the applicant served in Southwest Asia from 13 February 1991 to 15 May 1991.  As a result, she participated in the Liberation and Defense of Kuwait campaign and the Southwest Asia Cease-Fire campaign. Therefore, it would be appropriate at this time to award her the Southwest Asia Service Medal with two bronze service stars, and to correct her military records to show the award of the Southwest Asia Service Medal with two bronze service stars.  

3.  Additionally, as the applicant served in Southwest Asia from 13 February 1991 to 15 May 1991, she is entitled to award of the Kuwait Liberation Medal awarded by the Government of Kuwait and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and correction of her military records to show these awards.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 awarding her the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Government of Kuwait, and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia.
2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during Operations Desert Shield and Desert Storm.  The applicant and all Americans should be justifiably proud of her honorable service in arms.   




      ___        XXX                ___
                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)                                         AR20080005353



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ABCMR Record of Proceedings (cont)                                         AR20080005353



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