IN THE CASE OF:	 

		BOARD DATE:	       3 MARCH 2009

		DOCKET NUMBER:  AR20080010492 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in Operation Desert Shield/Desert Storm.   

2.  The applicant states, in effect, that his DD Form 214 does not show his foreign service in Southwest Asia in support of Operation Desert Shield/Desert Storm.  He contends that he was going to join the Veterans of Foreign Wars and they pointed out that his DD Form 214 did not show any foreign service.

3.  The applicant provides a memorandum for record, dated 29 May 1991, and a memorandum for record, dated 3 June 1991 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 enlisted in the Regular Army on 27 September 1988 and served as a motor transport operator and a general construction equipment operator.  On 14 September 1998, he was released from active duty and placed on the Temporary Disability Retired List (TDRL) the following day.  
 
3.  Item 12f (Foreign Service) on the applicant’s DD Form 214 shows the entry, “0000 00 00.”  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the Army Commendation Medal, Army Achievement Medal (3rd Award), Army Good Conduct Medal (3rd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M16-A2), Air Assault Badge, and the Driver and Mechanic Badge with Driver-W Bar as authorized awards.  Item 18 (Remarks) on his DD Form 214 does not show any deployments.    

4.  In support of his claim, the applicant provided a memorandum for record, dated 29 May 1991, from the adjutant of the 12th Engineer Battalion, subject: Verification of Tour in Southwest Asia for Operation Desert Shield/Storm.  This memorandum states, in pertinent part, that the applicant was assigned to the 12th Engineer Battalion and that he arrived in Southwest Asia on 18 January 1991 and departed on 19 May 1991.  This memorandum also states that the purpose of this memorandum is to document the applicant’s tour of duty for future reference of entitlement to awards and decorations for service in Southwest Asia.  The memorandum further states, in pertinent part, that the applicant is entitled to wear the Southwest Asia Service Medal (SWASM).

5.  He also provided a memorandum of record, dated 3 June 1991, from the commander of C Company, 12th Engineer Battalion, subject: Service Record.  This memorandum states the applicant served in the Kuwaiti Theater of Operations with the unit from 19 January 1991 through 19 May 1991 and that during this period of time the applicant resided within a 50 kilometer radius of the burning oil fires in northern Kuwait for approximately 25 days.  The memorandum further states this document is to be retained by the individual for future reference.

6.  Army Regulation 635-5 (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 for Item 12f (Foreign 

Service), from the Soldier's records, enter the total amount of foreign service completed during the period covered in Item 12c (Net Active Service This Period).

7.  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 block 18 (Remarks).

8.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record confirms the applicant served in support of Operation Desert Shield/Desert Storm during the period from 18 January 1991 to 19 May 1991.  Therefore, item 12f should be corrected to show 4 months and 1 day of creditable foreign service.

2.  Based on the applicant’s service in Southwest Asia, he is eligible to award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU.  Therefore, item 13 should be corrected to show these awards.

3.  It would also be appropriate to correct item 18 to show his dates of service in Southwest Asia.  Therefore, item 18 should be corrected to show "SERVICE IN SOUTHWEST ASIA FROM 910118 – 910519." 


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 the entry, "0000 00 00"; 

	b.  adding to item 12f of his DD Form 214 the entry, “0000 04 01”;

	c.  adding to item 13 of his DD Form 214 the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU; and

	d.  adding to item 18 of his DD Form 214 the entry, "SERVICE IN SOUTHWEST ASIA FROM 19910118-19910519."



      __________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)                                         AR20080010492



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ABCMR Record of Proceedings (cont)                                         AR20080010492



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