BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090000532 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his periods of deployment to overseas combat zones.

2.  The applicant states, in effect, he needs his records updated to show he served overseas so he can prove that he is a combat veteran.  He also states that although he deployed overseas on three different tours with the 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, none of his overseas tours are shown on his DD Form 214.

3.  The applicant provides copies of seven certificates as 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 enlisted in the United States Army and entered active duty on 20 November 1989.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  The highest rank he attained while serving on active duty was specialist (SPC)/pay grade E-4. The applicant continuously served on active duty through a series of immediate reenlistments until he was discharged on 12 December 1997 with an honorable characterization of service.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 indicates he did not serve overseas for any period of time.  Item 18 (Remarks) of this form does not show the applicant served overseas for any period of time.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of the applicant's DD Form 214 shows the Army Lapel Button, Army Good Conduct Medal (2nd award), National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant provides a Headquarters, XVIII Airborne Corps, Saudi Arabia, certificate which shows he served with distinction to achieve freedom from tyranny in support of Operation Desert Storm from 8 October 1990 through 
16 April 1991.

6.  The applicant provides a VII Corps, Saudi Arabia, Certificate of Commenda-tion for Operation Desert Storm which shows he served with distinction with the VII Corps among the Coalition Forces fighting for the liberation of Kuwait.  This certificate is undated and does not specify the period for which the applicant received recognition.

7.  The applicant provides a 1st Cavalry Division Certificate of Desert Shield/Storm Participation which shows he participated in Operations Desert Shield and Desert Storm.  This certificate is undated and does not specify the period for which the applicant received participation credit.



8.  The applicant provides a 6th Mechanized Brigade (Liberation), Kuwait Army, Certificate of Thanks and Appreciation which was presented to him in appreciation for the excellent service, valuable cooperation and sincere effort he displayed with the Brigade in the superior performance of his duties.  This certificate is undated and does not specify the period for which the applicant received participation credit.

9.  The applicant provides a Department of the Army, Army Commendation Medal Certificate, dated 12 October 1995, which was presented to him to commemorate his receipt of the Army Commendation Medal for meritorious achievement during Operation Intrinsic Action while serving at Camp Doha, Kuwait.  This certificate does not specify the period for which the applicant received recognition.

10.  The applicant provides a Department of the Army, Army Achievement Medal Certificate, dated 16 December 1996, for meritorious achievement during the 3d Brigade Combat Team's (3d BCT) Operational Deployment to Kuwait in support of Operation Desert Strike 96 during the period of 19 September 1996 to 
16 December 1996.

11.  The applicant provides a 3d BCT, Operation Desert Strike, Kuwait, Certificate of Achievement which was presented to him for outstanding performance and dedication to duty while assigned to the 3d BCT, 1st Cavalry Division, during Operation Desert Strike during the period of September 1996 to December 1996.

12.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reserve/National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

13.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the periods of 1 October 1990 through 16 April 1991, 1 September 1995 through 30 November 1995, and 1 September 1996 through 31 December 1996.




14.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Department of Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to an unspecified overseas location during the period 1 October 1990 through 30 April 1991.  The MMPA also showed the applicant received pay and tax exclusion entitlements associated with deployment to Kuwait during the periods of 1 August 1995 through 30 November 1995 and 1 September 1996 through 31 December 1996.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that:

	a.  for Block 12f (Foreign Service), enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period);

	b.  for Block 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered.

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (Kuwait Liberation Medal-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.  This regula-tion also provides the Kuwait Liberation Medal awarded by the Government of Kuwait (Kuwait Liberation Medal-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.

17.  Army Regulation 600-8-22, in pertinent part, provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal 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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his periods of deployment to overseas combat zones was carefully considered and determined to have merit.

2.  The Desert Shield/Storm Data Base shows the applicant served in Saudi Arabia during the period of 1 October 1990 through 16 April 1991, a total of 6 months and 16 days.  The Desert Shield/Storm Data Base also shows the applicant served in Kuwait during the period of 1 September 1995 through 30 November 1995, a total of 3 months; and again during the period of 1 September 1996 through 31 December 1996, a total of 4 months.  Combined the durations of these three deployments yields a sum total of 1 year, 1 month, and 16 days of foreign service during the applicant's period of active duty.  These periods of deployment are further corroborated by data contained in the applicant's MMPA maintained by DFAS and the periods for which he received awards and certificates in recognition of his achievements and service while deployed.

3.  Based on the foregoing, it would be appropriate in this case to amend the applicant's records to show these periods of overseas service.

4.  Evidence shows the applicant served on active duty during a designated period of time and place to qualify for award of the Kuwait Liberation Medal-Saudi Arabia.  Therefore, he is entitled to award of the Kuwait Liberation Medal-Saudi Arabia and to have his records corrected to show this award.

5.  Evidence shows the applicant served on active duty during a designated period of time and place to qualify for award of the Southwest Asia Service Medal.  Evidence also shows the applicant participated in three campaigns while serving in Saudi Arabia.  Therefore, he is entitled to award of the Southwest Asia Service Medal with three bronze service stars and to have his records corrected to show this award.

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 the applicant's DD Form 214 be corrected by:

	a.  deleting the current entry in Block 12f and adding the entry “0001  01  16”; and

	b.  adding the following entry to item 13 "KUWAIT LIBERATION MEDAL-SAUDI ARABIA//SOUTHWEST ASIA SERVICE MEDAL WITH THREE BRONZE SERVICE STARS"; and

	c.  adding the following entry in Block 18 of his DD Form 214 “SERVICE IN SAUDI ARABIA FROM 19901001-19910416//SERVICE IN KUWAIT FROM 19950901-19951130 AND 19960901-19961231.”



      ____________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)                                         AR20090000532



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ABCMR Record of Proceedings (cont)                                         AR20090000532



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