IN THE CASE OF:
BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090005884
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 dates of service in Southwest Asia be shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 June 1992.
2. The applicant states, in effect, that this DD Form 214 does not show his combat record for participation in support of Operation Desert Storm. He contends that this DD Form 214 just shows the medals he earned for his service in Operation Desert Storm.
3. The applicant provides a Department of Veterans Affairs Rating Decision, dated 15 February 2005, in support of his 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 applicants 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 applicants 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 Regular Army on 14 March 1977. He trained as a cannon crewmember and served in Germany and Southwest Asia. On 11 June 1992, he was honorably released from active duty and transferred to the U.S. Army Reserve (Individual Ready Reserve).
3. The applicant's DD Form 214 for the period ending 11 June 1992 shows, among other awards, the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal as authorized awards. Item 18 on this DD Form 214 does not show any deployments.
4. The Defense Manpower Data Center (DMDC) compiled the Operation Desert Shield/Desert Storm Data Base. The primary Operation 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 and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm. For Reserve and National Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. 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.
5. The Operation Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 January 1991 to 15 May 1991.
6. 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. It states that 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 in block 18.
7. 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.
8. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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. The entry from the DMDC is accepted as sufficient evidence on which to amend block 18 on the applicants DD Form 214 to show his dates of service in Southwest Asia. Therefore, block 18 on the applicants DD Form 214 should be corrected to show he served in Southwest Asia from 1 January 1991 to 15 May 1991.
2. The applicant's DD Form 214 for the period ending 11 June 1992 shows the Kuwait Liberation Medal as an authorized award but does not specify whether it was awarded by the Kingdom of Saudi Arabia or by the Government of Kuwait. Based on the applicants service in Southwest Asia, he is entitled to award of the KLM-SA and the KLM-K.
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. deleting the entry "KUWAIT LIBERATION MEDAL" from his DD Form 214 for the period ending 11 June 1992;
b. adding the KLM-SA and KLM-K on this DD Form 214; and
c. adding the entry, SERVICE IN SOUTHWEST ASIA FROM 19910101-19910515 in block 18 on this DD Form 214.
_______ _ _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) AR20090005884
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