IN THE CASE OF:	  

		BOARD DATE:	  5 February 2009

		DOCKET NUMBER:  AR20080010278 


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 that her dates of service in Operation Desert Storm be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 3 September 1991.

2.  The applicant states that her state agency will not provide benefits without her dates of participation in Desert Storm.

3.  The applicant provides no additional evidence or documentation in support of her 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 was appointed a second lieutenant in the U.S. Army Reserve in the Signal Corps on 31 May 1987.  On 4 September 1987, she was ordered to active duty for a period of 4 years.  She was promoted to first lieutenant effective 4 September 1989.

3.  The Defense Manpower Data Center (DMDC) compiled an Operations Desert Shield/Desert 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 Reserve/National Guard member or retiree who was activated or federalized in response to Operations Desert Shield/Desert Storm.  For Reserve 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.

4.  The DMDC Operations Desert Shield/Desert Storm Data Base shows the applicant participated in theater during the period from 1991/02/13-1991/04/30 (13 February 1991 to 30 April 1991).

5.  The applicant was separated from active duty on 3 September 1991.  She had completed 4 years of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows she is authorized the Southwest Asia Service Medal.  Item 18 (Remarks) does not include an entry showing the dates she served in Southwest Asia.
 
6.  The applicant's records show that she is entitled to two awards which she did not request based on her service during Operation Desert Storm and are not listed on her DD Form 214.

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

8.  Army Regulation 600-8-22 provides that 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.  Army Regulation 600-8-22 provides that the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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 635-5 (Separation Documents), in pertinent part, provides that when an active duty Soldier is deployed with his or her unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in Southwest Asia in support of Operations Desert Shield and Desert Storm, it is appropriate to include an entry in item 18 of her DD Form 214 to show her service in Southwest Asia by adding "Southwest Asia Service:  1991/02/13-1991/04/30."

2.  The DMDC Operations Desert Shield/Desert Storm Data Base shows the applicant participated in theater during the period from 13 February 1991 to 30 April 1991.  Based on this service, the applicant participated in 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 October 1995).  Therefore, she is authorized two bronze service stars to be worn on her Southwest Asia Service Medal as correctly shown in item 13 of her DD Form 214.

3.  Based on the applicant's period of service in Southwest Asia, she is authorized both the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).  Therefore, it is appropriate to include these two awards on her DD Form 214.



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 making the following changes to her DD Form 214:

	a.  amend item 13 to show she is authorized the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal (KLM-SA), and the Kuwait Liberation Medal (KLM-K); and

	b.  amend item 18 to include the entry "Southwest Asia Service:  1991/02/13-1991/04/30."



      ___________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)                                         AR20080010278



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ABCMR Record of Proceedings (cont)                                         AR20080010278



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