IN THE CASE OF:	  

		BOARD DATE:	        05 FEBRUARY 2009

		DOCKET NUMBER:  AR20080016174 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to her at the time of release from active duty on 15 March 1991, which will simply be referred to as her DD Form 214 throughout the remainder of these proceedings, be corrected to show the award of the Southwest Asia Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait, and her service in Southwest Asia.

2.  The applicant essentially states that her DD Form 214 does not include evidence of her participation in Operations Desert Shield and Desert Storm, or that she was awarded the Southwest Asia Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait.

3.  The applicant provides her DD Form 214; orders, dated 7 March 1991, which directed the 129th Medical Hospital on temporary change of station (TCS) to the Southwest Asia area of operations on or about 15 January 1991; an unauthenticated Air Force Form 104 (Service Medal Award Verification); and information, dated 26 September 2005, from the Air Force Personnel Center files regarding the awards and decorations the applicant is authorized to wear in support of this 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 military records show that she enlisted in the United States Army Reserve (USAR) on 16 January 1978.  She was ordered to active duty for training on 10 February 1978, completed basic and advanced individual training, and was awarded military occupational specialty (MOS) 71L (Administrative Specialist).  She was released from active duty for training on 5 May 1978, and reverted to her USAR command.  In 1998, she was awarded MOS 91C (Practical Nurse).  She was ordered to active duty on 27 December 1990.  She was honorably released from active duty on 15 March 1991.

3.  Item 18 (Remarks) of the applicant's DD Form 214 reflects that she completed the period for which she was ordered to active duty for the purpose of post-service benefits and entitlements.

4.  The applicant's DD Form 214 does not show that she was awarded the Southwest Asia Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait, or that she served in Southwest Asia.  Item 5 (Overseas Service) of her DA Form 2-1 (Personnel Qualification Record – Part II) shows that she served in Saudi Arabia from 16 January 1991 to 11 March 1991.  Item 27 (Remarks) of this same document shows that she served in an imminent danger pay area from 16 January 1991 to 11 March 1991.  Item 35 (Record of Assignments) of this document further shows that she was serving with the 129th Evacuation Hospital when it deployed to Saudi Arabia on 16 January 1991.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Southwest Asia Service Medal is awarded 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 November 1995) campaigns.

6.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

7.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.

8.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession in item 18:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section),"

	b.  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)," and

	c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

9.  Title 10, U.S. Code, section 12302 (Ready Reserve), provides that in time of national emergency declared by the President after January 1, 1953, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons concerned, order any unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve under the jurisdiction of that Secretary to active duty for not more than 24 consecutive months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show the award of the Southwest Asia Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait, and her service in Southwest Asia.

2.  The evidence of record clearly shows that she deployed to Southwest Asia in support of Operations Desert Shield/Desert Storm from 16 January 1991 to 11 March 1991.  As a result, she not only served in Southwest Asia during a qualifying period for award of the Southwest Asia Service Medal, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait, she participated in the Defense of Saudi Arabia campaign and the Liberation and Defense of Kuwait campaign.  Therefore, she is entitled to correction of her military records to show the award of the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait.

3.  The applicant was a member of the United States Army Reserve when she was ordered to active duty in support of Operations Desert Shield/Desert Storm and served in Southwest Asia from 16 January 1991 to 11 March 1991.  As item 18 of her DD Form 214 already reflects that she completed the period for which she was ordered to active duty for the purpose of post-service benefits and entitlements, it would be appropriate at this time to add the following statements to item 18 of this document:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATIONS DESERT SHIELD/DESERT STORM PER 10 USC 12302" and

	b.  "SERVICE IN SAUDI ARABIA FROM 19910116 – 19910311."

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:

	a.  showing the award of the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait; and
	b.  adding the following statements to item 18 of her DD Form 214:

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATIONS DESERT SHIELD/DESERT STORM PER 10 USC 12302" and

		(2)  "SERVICE IN SAUDI ARABIA FROM 19910116 – 19910311."

2.  The Board wants to thank the applicant for the sacrifices she has made in service to our Nation.  The applicant and all Americans should be justifiably proud of her honorable service in arms.



      __________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)                                         AR20080016174



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ABCMR Record of Proceedings (cont)                                         AR20080016174



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