BOARD DATE:	  6 August 2009

		DOCKET NUMBER:  AR20090004530 


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 award of the Combat Infantryman Badge (CIB) any other awards that may be due him as a result of his service in Operations Desert Shield/Desert Storm and his overseas service.

2.  The applicant states, in effect, that he was injured in an accident following Operations Desert Shield/Desert Storm which caused his retirement and the requested personnel actions were not completed.  He states that he needs a corrected DD Form 214 to prove his service-connected disability.

3.  The applicant provides a DD Form 214; Permanent Orders 96-78, D-167-7, and D199-2; and three DA Forms 2166-7 (Noncommissioned Officer (NCO) Evaluation Reports) 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 military records show he enlisted in the Regular Army on 20 August 1986.  He was awarded the military occupational specialty of infantryman and was promoted to pay grade E-5.

3.  On 13 September 1991, the applicant was separated from active duty with an honorable characterization of service for physical disability-temporary after completing 5 years and 24 days of active duty service with 1 year and 1 month of foreign service.  He was placed on the Temporary Disability Retired List (TDRL) effective 14 September 1991.  He was removed from the TDRL on 13 September 1996 and permanently retired effective 14 September 1996 with a percentage of disability of 40 percent.  The disability did not result from a combat-related injury.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Service Ribbon, Army Lapel Button, Army Good Conduct Medal, Parachutist Badge, Driver Badge, Multinational Forces Observers Medal, Noncommissioned Officer Professional Development Ribbon, Army Achievement Medal (1st Oak Leaf Cluster), and Expert Infantryman Badge.

5.  Headquarters, 82nd Airborne Division, Permanent Orders 96-78, dated 18 May 1991, show the applicant was awarded the CIB for satisfactory performance of duty as an infantryman in active ground combat effective 23 February 1991.

6.  The applicant's records contain two DA Forms 2166-7 covering a combined period of February 1990 through July 1991 which include bullet comments regarding his service in Operations Desert Shield/Desert Storm.

7.  The Defense Manpower Data Center compiled the Operations Desert Shield/
Desert Storm Data Base.  The primary Operations Desert Shield/Desert 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 Operations Desert Shield/Desert Storm.

8.  The Operations Desert Shield/Desert Storm Data Base shows that the applicant served in that theater during the period 1 August 1990 to 1 April 1991.

9.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It did not provide for deployments to be recorded a Regular Army Soldier's DD Form 214.  The current version of the regulation prescribes in pertinent part, that:

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

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

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 1991 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.  Permanent orders awarded the applicant the CIB for satisfactory performance of duty as an infantryman in active ground combat effective 23 February 1991.  Therefore, he is entitled to correction of his DD Form 214 to show the CIB.

2.  The Persian Gulf War Roster shows the applicant served in support of Operations Desert Shield/Desert Storm during the period of 1 August 1990 through 1 April 1991.  Two NCO Evaluation Reports provide corroborating evidence indicating he served in support of Operations Desert Shield/Desert Storm during this period.  As such, he is entitled to have his DD Form 214 corrected to show the SWASM.

3.  While the regulation in effect at the time did not provide for deployments to be recorded on a Regular Army Soldier's DD Form 214, it would be in the interest of justice to apply current standards to enter the applicant's deployment on his DD Form 214.

4.  Records show the applicant participated in two campaigns while serving in Operations Desert Shield/Desert Storm.  Therefore, he is entitled to award of two 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-KU and the 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:
 
	a.  amending the applicant's DD Form 214 by adding to item 13 the CIB, the KLM-KU, the KLM-SA, and the SWASM with two bronze service stars; and 



	b.  adding the following entry to item 18 of his DD Form 214, "SERVICE IN SOUTHWEST ASIA FROM 19900801-19910401."



      ____________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)                                         AR20090004530



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ABCMR Record of Proceedings (cont)                                         AR20090004530



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