IN THE CASE OF:	  

		BOARD DATE:	       22 SEPTEMBER 2009

		DOCKET NUMBER:  AR20080019470 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 July 1991, which will simply be referred to as his DD Form 214 throughout the remainder of these Proceedings, be corrected by:

	a.  adding his foreign service to item 12f (Foreign Service);

	b.  showing the award of the Southwest Asia Service Medal;

	c.  adding an entry to item 18 (Remarks) to reflect his service in Saudi Arabia; and

	d.  adding entries to item 26 (Separation Code) and item 28 (Narrative Reason for Separation).

2.  The applicant states that item 12f of his DD Form 214 does not reflect his foreign service and that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not list the Southwest Asia Service Medal.  He also states that item 18 of this document does not show that he served in Saudi Arabia.  Further, he contends that item 26 does not show his separation code and that item 28 does not show his narrative reason for separation.

3.  The applicant provides his DD Form 214 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 requested that his DD Form 214 be corrected, in part, to have entries added to item 26 and item 28.  As items 26 and 28 of both the applicant's original DD Form 214 and the DD Form 214 that was administratively reissued on 6 June 1992 both contain entries in these areas, it is unclear why the applicant is requesting that entries be made in these two items.  The applicant has been notified by separate correspondence that this portion of his application is being returned without action, and he was also notified that he must clarify what specific relief he is requesting for items 26 and 28 of this document.  As a result, adding/correcting entries in items 26 and 28 of his DD Form 214 will not be discussed further in these Proceedings.

3.  The applicant's military records show that he enlisted in the Alabama Army National Guard (ALARMG) on 17 January 1983.  He was ordered to active duty for training (ADT) on 6 June 1983 for basic training, and was released from ADT on 10 August 1983.  On 20 July 1984, he again was ordered to ADT and completed advanced individual training in military occupational specialty (MOS) 55B (Ammunition Specialist).  He was released from ADT on 30 August 1984.  On 27 September 1990, he was ordered to active duty in support of Operations Desert Shield/Desert Storm.  He departed for Saudi Arabia on 12 November 1990.  On 6 May 1991, the applicant was admitted to the 350th Evacuation Hospital in Saudi Arabia, and on or about 7 May 1991, he was medically evacuated to Landstuhl Regional Medical Center in Germany, where he was admitted on 8 May 1991.  He returned to the continental United States on or about 13 May 1991.  On 10 July 1991, he was honorably released from active duty at Fort Rucker, AL.  The applicant was subsequently discharged from the Army National Guard and as a Reserve of the Army effective 9 August 1993.

4.  Item 12f of the applicant's DD Form 214 does not reflect that he had any foreign service, but he departed for Saudi Arabia on 12 November 1990 and returned to the continental United States on 13 May 1991.

5.  Item 13 of the applicant's DD Form 214 does not show the award of the Southwest Asia Service Medal

6.  Item 18 of the applicant's DD Form 214 does not contain an entry showing that he served in Saudi Arabia, but evidence of record shows he served in Saudi Arabia from 12 November 1990 through 7 May 1991.

7.  During a review of the applicant's military records, it was determined that he is entitled to additional awards that are not listed on his DD Form 214.

8.  The applicant served in Saudi Arabia from 12 November 1990 through 7 May 1991, but his DD Form 214 does not show that he was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia or the Kuwait Liberation Medal awarded by the Government of Kuwait.

9.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in item 12f of this document.

10.  Army Regulation 600-8-22 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 to 30 November 1995.  It provides that one bronze service star will be affixed to the Southwest Asia Service Medal for each campaign a Soldier participates in.  Based upon the applicant's service in Saudi Arabia, he participated in the Defense of Saudi Arabia campaign (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait campaign (17 January 1991 to 11 April 1991) and the Southwest Asia Cease-Fire campaign (12 April 1991 to 30 November 1995).

11.  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.

12.  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.
13.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

14.  Army Regulation 635-5 provides, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, include the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by:

	a.  adding his foreign service to item 12f;

	b.  showing the award of the Southwest Asia Service Medal; and

	c.  adding an entry to item 18 to reflect his service in Saudi Arabia.

2.  As the applicant departed for Saudi Arabia on 12 November 1990 and returned to the continental United States on 13 May 1991, he is entitled to correction of item 12f of his DD Form 214 to show that he served 6 months and 
2 days of foreign service.

3.  The applicant served in Saudi Arabia from 12 November 1990 through 7 May 1991, and he participated in three campaigns during his service in Saudi Arabia.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Southwest Asia Service Medal with three bronze service stars.

4.  As the applicant served in Saudi Arabia from 12 November 1990 through 
7 May 1991, he is entitled to correction of item 18 of his DD Form 214 to show that he served in Saudi Arabia from 12 November 1990 through 7 May 1991.

5.  The applicant participated in the Persian Gulf War during a qualifying period for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Therefore, he is entitled to correction of his military records to show these awards.




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.  deleting from item 12f of his DD Form 214 the entry "00 00 00" and replacing it with the entry "00 06 02";
   
   b.  adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait; and
   
   c.  adding to item 18 of his DD form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19901112 -19910507."

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during his service in Southwest Asia.  The applicant and all Americans should be proud of his 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)                                         AR20080019470



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ABCMR Record of Proceedings (cont)                                         AR20080019470



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