IN THE CASE OF:	  

		BOARD DATE:	       26 AUGUST 2009

		DOCKET NUMBER:  AR20090006019 


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 her deployment to Southwest Asia (SWA) in support of Operation Desert Shield/Storm be annotated in item 12f (Foreign Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 22 May 1991.

2.  The applicant states, in effect, that her DD Form 214 does not reflect her SWA service in item 12f and has impeded her ability to pursue war related illness compensation.  

3.  The applicant provides no documentation in support of her 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 record shows that while serving as a member of the Army National Guard (ARNG), she was ordered to active duty in support of Operation Desert Shield/Storm on 21 November 1990.  She served on active duty for 
6 months and 2 days until being honorably released from active duty (REFRAD) and returned to her ARNG unit on 22 May 1991.  

3.  The DD Form 214 issued to the applicant on 22 May 1991 contains the entry "00  00  00" in item 12f, indicating no overseas service during the period.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she earned the following awards:  Army Commendation Medal, National Defense Service Medal, Army Reserve Component Achievement Medal, Army Service Ribbon, Army Reserve Component Overseas Training Ribbons, Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, Army Lapel Button, and Southwest Asia Service Medal (SWASM) with 2 bronze service stars.  

5.  Item 18 (Remarks) of the applicant's DD Form 214 contains an entry indicating the applicant was ordered to active duty in support of Operation Desert Shield/Storm in accordance with Title 10, U.S. Code, Section 673b (10 USC 673b), and the entry "Service in SWA from 11 Jan 1991 to 26 Apr 1991" which confirms her service in SWA.  

6.  In connection with the processing of this case, a member of the Board’s staff reviewed the Operation Desert Shield/Storm Personnel Roster.  An entry on this roster shows the applicant served in SWA from 11 January through 26 April 1991. 

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 9-14 of the awards regulation contains guidance on award of the Kuwait Liberation Medal-Saudi Arabia (KLM-SA) and states, in pertinent part, that it is authorized to members who participated in Operation Desert Storm/Desert Shield in designated areas of operations to include Iraq, Kuwait, and Saudi Arabia between 17 January 1991 and 28 February 1991.  

8.  Paragraph 9-15 of the awards regulation contains guidance on award of the Kuwait Liberation Medal-Kuwait (KLM-KU) and states, in pertinent part, that it is awarded to members who served in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 31 August 1993, in designated areas to include Iraq, Kuwait, or Saudi Arabia. 


9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  

10.  Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 12f state that all overseas service completed during the period covered by the DD Form 214 will be entered.  The instructions for Item 13 state, in pertinent part, that all awards earned during all periods of service will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 12f of her DD Form 214 should be corrected to show her foreign service in SWA was carefully considered and found to have merit.  By regulation, all foreign service completed will be entered in Item 12f of the DD Form 214

2.  The evidence of record confirms the applicant served in SWA in support of Operation Desert Shield/Storm from 11 January 1991 through 26 April 1991 as evidenced by her DD Form 214 and the Operation Desert Shield/Storm Personnel Roster.  It further confirms that based on this service in SWA she is entitled to the KLM-SA and KLM-KU.  Therefore, it would be appropriate to add these awards to her record and separation document at this time.

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 her DD Form 214 as follows:

	a.  Item 12f - deleting the current entry and replacing it with the entry 
"0000 03 15";

   b.  Item 13 - adding the Kuwait Liberation Medal -Saudi Arabia and Kuwait Liberation Medal-Kuwait; and 

   c.  providing her a document that includes these changes.




      _______ _   _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.

ABCMR Record of Proceedings (cont)                                         AR20090006019



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ABCMR Record of Proceedings (cont)                                         AR20090006019


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