IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080017177 


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 separation document (DD Form 214) be corrected to document his Gulf War service and to include all awards he is authorized.  

2.  The applicant states, in effect, his DD Form 214 documents no overseas service and does not include the Kuwait Liberation Medal, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Presidential Unit Citation (PUC) he earned.  

3.  The applicant provides an Operation Desert Storm certificate medical treatment record 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's record shows that he enlisted in the Regular Army and entered active duty on 2 January 1990, and was trained in and awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  His record shows he was promoted to private first class (PFC)/E-3 on 1 September 1991, and that this is the highest rank he attained while serving on active duty. 

3.  The applicant's Personnel Qualification Record (DA Form 2-1) shows that he was assigned to A Battery, 5th Battalion, 19th Field Artillery at Fort Bragg, North Carolina, from 23 April 1990 through 4 November 1992, the date of his release from active duty (REFRAD).  Item 9 (Awards, Decorations & Campaigns) shows that he earned the Army Service Ribbon, National Defense Service Medal, Driver and Mechanic Badge with Driver-W Bar, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  

4.  On 4 November 1992, the applicant was honorably REFRAD after completing 2 years, 10 months, and 3 days of active military service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time contains the entry "00  00  00" in Item 12f (Foreign Service).  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, Army Service Ribbon, Army Lapel Button, Driver and Mechanic Badge with Driver-W Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 18 (Remarks) documents no deployed service.

5.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Gulf War Roster.  This document contains an entry confirming the applicant served overseas during Operations Desert Shield/Desert Storm from 1 September 1990 through 27 March 1991.  

6.  The applicant provides an XVIII Airborne Corps certificate that confirms he served in support of Operation Desert Storm through 27 March 1991.  A review of the unit history for the XVIII Airborne Corps during Operation Desert Storm maintained by the Center for Military History confirms the recommendation for the PUC for the unit for its operations during the Gulf War was never approved.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  


8.  Chapter 2 of the separation documents regulation contains item-by-item instructions for preparing the DD Form 214.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for Item 13 state to enter all awards earned during all periods of military service and the instructions for Item 18 state, in pertinent part, that for active duty Soldiers deployed with their unit during their continuous period of active service covered by the DD Form 214 the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to Item 18.  

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-14 contains guidance on award of the Southwest Asia Service Medal (SWASM).  It states, in pertinent part, that it is authorized for service in Southwest Asia (SWA) performed between 2 August 1990 and
30 November 1995, and that a bronze service star is authorized for each campaign a member was credited with participating in while serving in SWA.  Appendix B contains a list of SWA campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Defense of Saudi Arabia and the Liberation of Kuwait campaigns.  

10.  Paragraph 9-14 of the awards regulation contains guidance on award of the Kuwait Liberation Medal-Saudi Arabia (KLM-SA) and states, in pertinent part, that it is authorized for SWA service in support of Operation Desert Storm between 17 January and 28 February 1991.  Paragraph 9-15 contains guidance on award of the Kuwait Liberation Medal-Kuwait (KLM-KU) and states, in pertinent part, that it is authorized for SWA service in support of Operation Desert Shield and Operation Desert Storm between 2 August 1990 and 31 August 1993.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to document his overseas service in SWA and to include all awards to which he is authorized based on this service was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant deployed to SWA with his unit and served there for 6 months and 27 days from 1 September 1990 through 
27 March 1991.  As a result, it would be appropriate to amend Item 12f and Item 18 of his DD Form 214 to document this overseas service.  


3.  The record also confirms that the applicant earned the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, as evidenced by an entry in Item 9 of his DA Form 2-1.  Further, based on his service and campaign participation in SWA, the applicant is authorized the SWASM with 2 bronze service stars, the KLM-SA, and the KLM-KU.  Therefore, it would also be appropriate to add these awards to his record and Item 13 of his DD Form 214 at this time.

4.  A review of historical records confirm that although the XVIII Airborne Corps, the unit the applicant served with during the Gulf War, was recommended for the Presidential Unit Citation for its operations during Operation Desert Storm, the award was never approved.  As a result, there is an insufficient evidentiary basis to support adding the PUC to the applicant's record and separation document at this time.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  Item 12f - delete the current entry and replace it with the entry "00  06  27";

	b.  Item 13 - add the Southwest Asia Service Medal with 2 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Sharpshooter Marksmanship Qualification Badge with Grenade Bar; 

	c.  Item 18 - add the entry ""SERVICE IN SOUTHWEST ASIA FROM 19900901-19910327"; and 

	d.  providing him a correction to his separation document that includes these changes. 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Presidential Unit Citation.



      _________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)                                         AR20080017177



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ABCMR Record of Proceedings (cont)                                         AR20080017177



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