IN THE CASE OF:	  

		BOARD DATE:	  27 May 2009

		DOCKET NUMBER:  AR20080019377 


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, correction of his records to show any awards that may be due him as a result of his service in Desert Shield/Desert Storm. 

2.  The applicant states he was released from the service before some awards were issued.

3.  The applicant provides no additional documentary evidence 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 records show he enlisted in the Regular Army on 25 July 1985 and on 12 February 1988 he reenlisted for four years.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of unit supply specialist.  He was promoted to pay grade E-4.

3.  Item 5 (Foreign Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served an incomplete overseas assignment in Germany from 16 December 1985 through 25 June 1986.

4.  On 6 March 1992, the applicant was discharged from active duty under honorable conditions after completing 6 years, 7 months, and 12 days of active duty service. 

5.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 shows award of the Army Service Ribbon (ASR), Army Achievement Medal (AAM) (3d Award), Good Conduct Medal (AGCM) (2nd Award), and National Defense Service Medal (NDSM).

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the ASR, Sharpshooter Marksmanship Qualification Badge M-16 Rifle, Expert Marksmanship Qualification Badge Hand Grenade, NDSM, AAM (2nd Oak Leaf Cluster), and AGCM (2d Award).

7.  The applicant's name appears on the Persian Gulf War Roster, which shows those Soldiers who served in the Persian Gulf War.  The roster indicates that the applicant served in that theater during the period 1 October 1990 through 17 April 1991.

8.  In the processing of this case the Board's staff contacted the Defense Finance and Accounting Service (DFAS).  By email, DFAS established that the applicant received hostile fire pay/imminent danger pay (HFP/IDP) for service in Saudi Arabia from 1 October 1990 through 30 April 1991.

9.  The applicant's records contain a DA Form 638 (Test) (Recommendation for Award of Legion of Merit and Below) which includes a narrative showing the award recommendation was for service during Operation Desert Shield during the period of 20 October 1990 through 15 January 1991.

10.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (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).

11.  The Kuwait Liberation Medal awarded by the Kingdom 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.

12.  The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) 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 applicant requests correction of his records to show awards which were authorized subsequent to his service in Desert Shield/Desert Storm.  While the applicant's records do not appear to be complete, there is sufficient evidence in his records to support this contention.

2.  The DFAS records show the applicant received imminent danger pay for service in Saudi Arabia during the period 1 October 1990 to 30 April 1991.
An approved request for award indicates he served in support of Operation Desert Shield during the period of 20 October 1990 through 15 January 1991 and the Persian Gulf War Roster shows he served in that region during the period 1 October 1990 to 17 April 1991.

3.  The available evidence shows the applicant completed a qualifying period of service for award of the SWASM.  Therefore, he is entitled to have his records corrected to show this award.

4.  Records show the applicant participated in three campaigns while serving in Desert Shield/Desert Storm.  Therefore, he is entitled to award of three bronze service stars to be affixed to his SWASM.

5.  The available evidence also shows the applicant completed a qualifying period of service for award of the KLM-K and KLM-SA.  Therefore, he is entitled to have his records corrected to show these awards.





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 adding the KLM-K, KLM-SA, and the SWASM with three bronze service stars to his DD Form 214.




      _______ _   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)                                         AR20080019377



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ABCMR Record of Proceedings (cont)                                         AR20080019377



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