IN THE CASE OF:	  

		BOARD DATE:	  21 October 2008

		DOCKET NUMBER:  AR20080013227


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, award of the Southwest Asia (SWA) Service Medal (SWASM), Kuwait Liberation Medal (KLM)-Saudi Arabia, KLM-Kuwait, and participation credit for the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and Southwest Asia Cease-Fire campaigns.

2.  The applicant states, in effect, that the above mentioned awards were omitted from her separation document (DD Form 214) and should be added at this time.

3.  The applicant provides her separation document and page 1 of her Personnel Qualification Record (DA Form 2-1) 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's record shows that on 12 September 1990 while serving in the Army National Guard she was ordered to active duty in support of Operation Desert Shield/Storm.

3.  On 14 May 1991, the applicant was honorably released from active duty under the provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active duty service.  The DD Form 214 she was issued at the time confirms she completed a total of 8 months and 3 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows she earned the following awards:  Army Service Ribbon, Army Lapel Button, National Defense Service Medal with 1 bronze service star, Army Good Conduct Medal, Overseas Service Ribbon, and Overseas Service Bar.  Item 18 (Remarks) shows she was ordered to active duty in support of Operation Desert Shield/Storm in accordance with Title 10, United States Code, Section 673b (10 USC 673b).

4.  In connection with the processing of this case, a member of the Board staff reviewed the Operation Desert Shield/Storm Personnel Roster.  This search confirms the applicant served in SWA from 20 September 1990 through 17 April 1991.

5.  The applicant provides page 1 of her Personnel Qualification Record which includes the SWASM, KLM-Kuwait, and KLM-Saudi Arabia in the list of awards in Item 9 (Awards, Decorations & Campaigns), which also confirms her participation in the Defense of Saudi Arabia and Liberation and Defense of Kuwait and Cease-Fire campaigns.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-14 states, in pertinent part, that a bronze service star is authorized for wear with the SWASM for each campaign a member is credited with participating in while serving in SWA in support of the Persian Gulf War during Operations Desert Shield/Desert Storm.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in SWA, participation credit was granted for the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and SWA Cease Fire campaigns.

7.  Paragraph 9-14 of the awards regulation contains guidance on award of the KLM-Saudi Arabia.  It states, in pertinent part, that it is awarded to members who participated in Operation Desert Storm in designated areas between 17 January 1991 and 28 February 1991.  Paragraph 9-15 contains guidance on award of the KLM-Kuwait and states, in pertinent part, that it is awarded to members who served in Kuwait and Saudi Arabia 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 she is entitled to the SWASM, KLM-Saudi Arabia, KLM-Kuwait, and to 3 bronze service stars with her SWASM based on her participation in the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and Southwest Asia Cease-Fire campaigns was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant served in Saudi Arabia in support of Operation Desert Shield/Storm from 20 September 1990 through 17 April 1991, as evidenced by her DD Form 214, and the official Operation Desert Shield/Storm Personnel Roster.  It further confirms that based on this service in SWA, she is entitled to the SWASM with 3 bronze service stars,
KLM-Saudi Arabia, and KLM-Kuwait.  Therefore, it would be appropriate to add these awards to her record and separation document at this time.

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 Item 13 of her DD Form 214 for the period ending on 14 May 1991 by adding the Southwest Asia Service Medal with 3 bronze service stars, KLM-Saudi Arabia, KLM-Kuwait; and by providing her a corrected separation document that reflects these awards.



      ___________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)                                         AR20080013227



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ABCMR Record of Proceedings (cont)                                         AR20080013227


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