IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080013168
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 his Operation Desert Storm deployment and awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1994.
2. The applicant states that his service in Operation Desert Storm was erroneously omitted from his DD Form 214 for the period ending 31 December 1994.
3. The applicant provides his DD Form 214 for the period ending 31 December 1994; two Standard Forms 513 (Consultation Sheet); two DA Forms 4187 (Personnel Action); a memorandum, dated 5 April 1993; a DA Form 2142 (Pay Inquiry); and a Fort Hood Form 702 (Transmittal of Pay and Other Documents).
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 in the Regular Army on 12 December 1974. He was honorably discharged on 29 June 1977 and immediately reenlisted on 30 June 1977.
3. The applicant provided a memorandum, dated 5 April 1993, that shows he deployed to Southwest Asia on 2 February 1991 and returned on 18 April 1991.
4. The applicant was retired for length of service on 31 December 1994. His DD Form 214 for the period ending 31 December 1994 shows he was awarded the Army Good Conduct Medal (6th Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon (2d Award), and the Driver and Mechanic Badge with Driver-A Bar.
5. The Defense Manpower Data Center 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 Reserve/National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm. 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.
6. The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 3 February 1991 to 18 April 1991.
7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states, in pertinent part, that the country and dates of deployment for an active duty Soldier deployed with his or her unit during his or her continuous period of active service will be shown in item 18 (Remarks) on the DD Form 214.
8. Army Regulation 600-8-22 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), and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) campaigns.
9. The Kuwait Liberation Medal awarded by the Government 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-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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant served in Southwest Asia during the period 3 February 1991 to 18 April 1991. Item 30 of the applicant's DD Form 214 for the period ending 31 December 1994 should be amended to reflect his deployment.
2. The applicant's service in Southwest Asia during Operation Desert Storm made him eligible for award of the Southwest Asia Service Medal with two bronze service stars, the KLM-SA, and the KLM-K. These awards should be added to his DD Form 214 for the period ending 31 December 1994.
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. amending item 30 of his DD Form 214 for the period ending 31 December 1994 to add the entry, "SERVICE IN SOUTHWEST ASIA FROM 19910203 TO 19910418"; and
b. adding the Southwest Asia Service Medal with two bronze service stars, the KLM-SA, and the KLM-K to his DD Form 214 for the period ending 31 December 1994.
________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) AR20080013168
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