IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090003025 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 21 June 1991, to correct Item 12f (Record of Service - Foreign Service), to show his previous overseas time; correction of Item 13 (Decorations, Medals,  Badges, Citations and Campaign Ribbons Awarded or Authorized) to show his award of the Bronze Star Medal, Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia], and the Kuwait Liberation Medal awarded by the Government of Kuwait.

2.  The applicant states, in effect, that his DD Form 214 does not reflect these awards and needs to be corrected.  He also states that Item 12f of his DD Form 214 does not reflect his previous overseas time of 3 years and 28 days plus his 7 months and 1 day deployment to Southwest Asia, for a total of 3 years, 7 months, and 29 days of foreign service time.  He discovered the errors while completing his retirement paperwork.  He needs an accurate document for proper credit and future entitlement decisions.

3.  In support of his application, the applicant provides copies of his Bronze Star Medal orders and certificate and his DD Form 214. 

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 records show he was appointed in the U.S. Army Reserve (USAR), as a second lieutenant, on 14 June 1970.  He entered active duty on 21 April 1971.  He served overseas in Germany from 10 August 1971 to 7 September 1974, a period of 3 years and 28 days.  He was honorably released from active duty on 4 August 1978 and transferred to the USAR Control Group (Reinforcement).  The DD Form 214 issued to him shows a credit of 3 years and 28 days foreign service time in Item 18f (Foreign and/or Sea Service This Period).

3.  The applicant was ordered to active duty on 21 November 1990 in support of Operation Desert Shield/Storm.  He served in Southwest Asia – Saudi Arabia from 12 December 1990 to 27 May 1991, a period of 5 months and 16 days.  He was honorably released from active duty on 21 June 1991 and transferred to a Reserve unit.  Item 12f of his DD Form 214 shows zero foreign service credit during this period.

4.  Item 13 of the applicant's DD Form 214 for the period ending 21 June 1991 shows he was awarded the Army Service Ribbon, National Defense Service Medal with one bronze service star, Air Assault Badge, Army Commendation Medal, Army Reserve Component Achievement Medal, Army Aviator Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

5.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II), Item 9 (Awards and Decorations), shows the applicant was awarded the National Defense Service Medal with one bronze service star, Air Assault Badge, Army Commendation Medal, Army Reserve Component Achievement Medal, Army Service Ribbon, and Army Aviator Badge.  It also includes the Bronze Star Medal, Army Achievement Medal with one oak leaf cluster, Overseas Service 
Ribbon, Southwest Asia "Campaign Ribbon," Kuwait Liberation Medal [awarded by the Kingdom of Saudi Arabia], and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Several of these awards are not shown on his DD Form 214 for the period ending 21 June 1991.

6.  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 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), Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) campaigns.  

7.  Army Regulation 600-8-22 further provides that 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.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the policies and procedures regarding separation documents.  The regulation specified that a DD Form 214 would be prepared for individuals who are retired, discharged, or released from active duty.  Foreign service performed during the period covered by the DD Form 214 would be entered in Item 12f.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.  The applicant's DA Form 2-1 confirms he was awarded the Bronze Star Medal; however, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

2.  The evidence of record also confirms that the applicant was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia.  This award is also not shown on his DD Form 214 and it would also be appropriate to add this award to his DD Form 214 at this time.

3.  The evidence of record further shows the applicant served in support of Desert Shield/Storm and was deployed to Southwest Asia from 12 December 1990 to      27 May 1991.  Based on this service and participation in the three campaign phases he is entitled to award of three bronze service stars to be affixed to his already-awarded Southwest Asia Service Medal and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Therefore, the applicant is entitled to a correction of his DD Form 214 to reflect these awards.

4.  The applicant’s contention that his DD Form 214, dated 21 June 1991, should be corrected to show a credit of 3 years, 7 months, and 29 days foreign service time in Item 12f has been noted; however, the evidence shows the applicant served in Saudi Arabia from 12 December 1990 to 27 May 1991 during the period covered by this DD Form 214.  Only overseas service accumulated during the period covered by the DD Form 214 is shown.  He was issued a DD Form 214 at his release from active duty on 4 August 1978 that properly showed his foreign service credit at that time in Item 18f.  Therefore, he is only entitled to correction of Item 12f of his DD Form 214 for the period ending 21 June 1991 to show a credit of 5 months and 16 days of foreign service time.  Correction to Item 12f does not require any adjustment to the other blocks in Item 12 (Statement of Service).

5.  Evidence of record also shows he is entitled to correction of his DD Form 214 for the period ending 21 June 1991 to show award of the Army Achievement Medal with one oak leaf cluster, and Overseas Service Ribbon.  Therefore, his DD Form 214 for the period ending 21 June 1991 should be corrected to show these awards.

6.  In view of the foregoing, the applicant’s records should be corrected as indicated below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  _____X___  ___X_____  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 partial 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 the applicant's DD Form 214 for the period ending 21 June 1991 the entry "00 00 00" and replacing it with the entry 
"00 05 16";

   b.  adding to Item 13 of the applicant's DD Form 214 for the period ending
21 June 1991 the Bronze Star Medal, Army Achievement Medal with one oak leaf cluster, Overseas Service Ribbon,  Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and Kuwait Liberation Medal awarded by the Government of Kuwait, and 

   c.  providing the applicant a corrected separation document that includes these corrections.

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 correction to Item 12f of his DD Form 214 for the period ending 21 June 1991 to show a credit of 3 years,
7 months, and 29 days of foreign service.



      ___________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)                                         AR20090003025



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ABCMR Record of Proceedings (cont)                                         AR20090003025



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