IN THE CASE OF:	  

		BOARD DATE:	  3 September 2008

		DOCKET NUMBER:  AR20080007593


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 his separation document (DD Form 214) be corrected to reflect his service in Southwest Asia (SWA) and participation in Operation Desert Shield/Desert Storm.

2.  The applicant states, in effect, his service in SWA in support of Operation Desert Shield/Desert Storm should be reflected on his DD Form 214.

3.  The applicant provides the results of a Desert Shield/Desert Storm Database Inquiry 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 record shows that he enlisted in the Regular Army and entered active duty on 14 February 1989, and was trained in and awarded military occupational specialty 88M (Motor Transport Operator).

3.  The applicant's record shows that he was promoted to private first class (PFC) on 1 December 1990, and that this is the highest rank he attained while serving on active duty.  It also shows that during his active duty tenure, he earned the Army Service Ribbon (ASR), National Defense Service Medal (NDSM), Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in Item 35 (Record of Assignments), that subsequent to his completion of advanced individual training, he was assigned to Fort Hood, Texas, where he served with the 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, through his release from active duty (REFRAD) on 30 August 1991.

5.  The applicant's record includes a National Personnel Records Center (NPRC) document titled "Results of Desert Shield/Storm Database Inquiry," which shows the applicant served in SWA from 1 October 1990 through 16 April 1991.

6.  On 30 August 1991, the applicant was honorably REFRAD in the rank of PFC after completing 2 years, 6 months, and 17 days of active military service.  The DD Form 214 he was issued at the time contains the entry "00  00  00" in Item 12f (Foreign Service).  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  ASR, NDSM, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 18 (Remarks) contains no entry pertaining to SWA service.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for Item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-14 contains guidance on the SWA Service Medal (SWASM). It states, in pertinent part, that it is authorized for 30 consecutive or 60 non-consecutive days of service in SWA completed between 2 August 1990 and 
30 November 1995.  A bronze service star is authorized with the SWASM for each campaign a member is credited with participating in while serving in SWA.   Table B-1 of the awards regulations contains a list of SWA campaigns, and shows that during the applicant's tenure of assignment, participation credit was granted for the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and SWA Cease Fire campaigns.

9.  Paragraph 9-14 of the awards regulation contains guidance on the Kuwait Liberation Medal-Saudi Arabia (KLM-SA).  It states, in pertinent part, that it is authorized to members who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991.

10.  Paragraph 9-15 of the awards regulation contains guidance on award of the Kuwait Liberation Medal-Kuwait (KLM-KU).  It states, in pertinent part, that it is authorized to members who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to reflect his service in SWA in support of Operation Desert Shield/Storm was carefully considered and found to have merit.  By regulation, all overseas service completed during the period covered by the DD Form 214 will be entered in Item 12f, all awards earned during military service will be entered in Item 13, and an entry documenting deployed service of active duty Soldiers will be included in Item 18 of the separation document.

2.  The evidence of record confirms the applicant served in SWA from 1 October 1990 through 16 April 1991.  As a result, it would be appropriate to correct Item 12f of the DD Form 214 to show he completed 6 months and 16 days of overseas service and to add the entry "SERVICE IN SOUTHWEST ASIA FROM 901001-910416" to Item 18.

3.  The evidence also shows that based on his SWA service and campaign participation, the applicant is entitled to the SWASM with 3 bronze service stars, the KLM-SA, and the KLM-KU.  As a result, it would also be appropriate to add these awards to Item 13 of his DD Form 214.


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 amending his DD Form 214 as follows:

	a.  Item 12f - delete the current entry and replace it with the entry 
"0000  06  16";

	b.  Item 13 - add the Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait;

	c.  Item 18 - add the entry "SERVICE IN SOUTHWEST ASIA FROM 
901001-910416"; and 

	d.  provide him a correction to his separation document that includes these changes.



      __________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)                                         AR20080007593



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ABCMR Record of Proceedings (cont)                                         AR20080007593



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