IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080012203
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 his dates of service in Southwest Asia and the medals he earned for this service.
2. The applicant states, in effect, that he served in the Persian Gulf in support of Operation Desert Storm and that he received the Kuwait Liberation Medal; however, his DD Form 214 does not reflect this.
3. The applicant provides a copy of his DD Form 214 and an award certificate for the Army Commendation Medal which shows he served during Operation Desert Storm.
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 applicants 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 applicants 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 on 4 September 1990, served as a cannon crewmember, and was released from active duty on 19 May 1995.
3. The applicants DD Form 214 does not show the Southwest Asia Service Medal (SWASM), the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), or the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) as authorized awards.
4. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/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 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.
5. The Desert Shield/Storm Data Base compiled by the Defense Manpower Data Center (DMDC) shows the applicant served in Southwest Asia from
22 December 1990 to 11 May 1991.
6. 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).
7. The 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.
8. The 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.
9. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation currently in effect states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during their continuous period of active service will be shown in item 18 (Remarks) on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. As an exception to policy, it would be appropriate to correct item 18 on his DD Form 214 to show his dates of service in Southwest Asia.
2. Based on the applicants service in Southwest Asia from 22 December 1990 to 11 May 1991, he is eligible for award of the SWASM with three bronze service stars, the KLM-K, and the KLM-SA.
BOARD VOTE:
__XX______ _____XX___ _____XX___ 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. adding the SWASM with three bronze service stars, the KLM-K, and the KLM-SA on his DD Form 214; and
b. adding the entry, "Southwest Asia Service: 901222-910511" in item
18 on his DD Form 214.
_______XXXX _ _______ ___
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) AR20080012203
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ABCMR Record of Proceedings (cont) AR20080012203
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