IN THE CASE OF:	  

		BOARD DATE:	  4 JUNE 2009

		DOCKET NUMBER:  AR20080019603 


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 award of the Southwest Asia Service Medal and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 April 1991 to show that he was awarded the Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that he was not awarded the Southwest Asia Service Medal and that his ARCOM is not properly recorded on his DD Form 214.

3.  The applicant provides a copy of his ARCOM certificate with permanent order number dated 7 October 1991.

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 personnel record shows that he enlisted in the Regular Army for a 4-year period through the Delayed Entry Program on 29 December 1986.  He completed basic combat and advanced individual training and was awarded military occupational specialty 62B (Construction Equipment Repairer).  The highest rank he achieved was sergeant/pay grade E-5.

3.  On 30 April 1991, the applicant was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows that he had completed 4 years, 4 months, and 2 days of net active service and that he was retained beyond his expiration of his term of service for 123 days under the provisions of title 10, U.S. Code, section 673c for national security.  This same DD Form 214 shows his foreign service credit was 6 months and 29 days.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show that the applicant was awarded the ARCOM or the Southwest Asia Service Medal.  

5.  A review of the applicant's Official Military Personnel File (OMPF) shows that there are no permanent orders awarding the ARCOM available in his OMPF.  The applicant's DA Form 2-1 (Personnel Qualification Record), to include his complete assignment history, is not available for the Board's review.

6.  The Defense Manpower Data Center compiled the DESERT SHIELD and DESERT STORM Database.  The primary DESERT SHIELD and DESERT STORM file contains one record for each active duty member who served in the theater of operations between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to DESERT SHIELD and DESERT STORM.  For Reservists and Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991.  This database shows that the applicant deployed to the Southwest Asia Theater of Operations on 1 October 1990 and redeployed on 21 March 1991 and that he participated in two campaigns.

7.  Headquarters, 5th Special Forces Group (Airborne), Fort Campbell, Kentucky published Permanent Order 044-32, dated 7 October 1991, awarding the applicant the ARCOM for his meritorious service during Operations Desert Storm and Desert Shield from 6 August 1990 to 16 March 1991.

8.  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 to Army Soldiers who participated in Operations DESERT SHIELD and 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 November 1995).

9.  A review of the applicant's record shows that he is entitled to two additional awards that he did not request. 

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Kuwait Liberation Medal--Saudi Arabia.  The Kuwait Liberation Medal--Saudi Arabia is awarded by the Kingdom of Saudi Arabia and it was approved on 3 January 1992 for members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.  The Kuwait Liberation Medal--Saudi Arabia, ribbon, and miniature medal are items of individual purchase. 

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Kuwait Liberation Medal--Kuwait.  The Kuwait Liberation Medal is awarded by the Government of Kuwait 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.  It is awarded to members of the Armed Forces of the U.S. who served in support of Operations DESERT SHIELD and DESERT STORM.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show award of the ARCOM and the Southwest Asia Service Medal.

2.  Evidence of record shows that permanent orders awarded the applicant the ARCOM on 7 October 1991.  Therefore, the applicant is entitled to correction of his records to show award of the ARCOM 

3.  The Defense Manpower Data Center database for Operations and Desert DESERT SHIELD and DESERT STORM confirms that the applicant deployed and served in this area of operation from 1 October 1990 to 21 March 1991.  Based on this database, the applicant is entitled to have his record corrected to show award of the Southwest Asia Service Medal, the Kuwait Liberation Medal--Kuwait, and the Kuwait Liberation Medal--Saudi Arabia. 

4.  Based on the applicant's award of the Southwest Asia Service Medal and his deployment campaign history, he is entitled to have his records corrected to show award of two bronze service stars to be affixed to the Southwest Asia Service Medal. 
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 the applicant's DD Form 214, dated 30 April 1991, to show award of the ARCOM, the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal--Saudi Arabia, and the Kuwait Liberation Medal--Kuwait.




      _______ _   _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.
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