BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090006455 


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 records to reflect his service in Southwest Asia during Operations Desert Shield/Desert Storm.  He also requests, in effect, correction of his records to show the award of the Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, he participated in Operations Desert Shield/Desert Storm and he has more than sufficient proof stating so.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a Statement of Participation in Operations Desert Shield/Desert Storm, and orders for the ARCOM 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 Regular Army (RA) on 3 September 1980 and trained as a light wheel vehicle mechanic.  He served through a series of reenlistments until his discharge on 2 April 1992 by reason of physical disability with severance pay.

3.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 22 February 1981 to 
17 February 1982 and in Germany from 27 October 1987 to 26 October 1990.  Item 5 does not shows his service in Southwest Asia.

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he served 
3 years, 11 months, and 26 days of foreign service.   

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the ARCOM.

6.  A Statement of Participation in Operations Desert Shield/Storm, dated
27 June 1991, confirmed the applicant's participation in Operations Desert Shield/Desert Storm from 24 December 1990 to 21 May 1991.  This statement was authenticated by the Commander, Headquarters and Headquarters Company, 1st Battalion, 187th Infantry Regiment, 101st Airborne Division (Air Assault), Fort Campbell, KY.

7.  Defense Finance and Accounting Service (DFAS) records show the applicant served in Saudi Arabia from 25 December 1990 through 27 May 1991.

8.  The applicant provided a copy of Permanent Order Number 091-092, dated
1 April 1991, issued by the 3rd Brigade, 101st Airborne Division (Air Assault), Camp Eagle II, Kingdom of Saudi Arabia, awarding him the ARCOM for the period 31 December 1990 – 16 January 1991.  This award is not shown on the applicant's DD Form 214. 

9.  The unit the applicant was assigned to while serving in Southwest Asia was cited for award of the Meritorious Unit Commendation (MUC) for exceptionally meritorious conduct in the performance of outstanding service during the period 12 September 1990 to 8 April 1991 by Department of the Army General Order Number 1, dated 1996.

10.  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 foreign service performed 
during the period covered by the DD Form 214 will be entered in item 12f.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered in item 13 and that each entry will be verified by the Soldier’s records.  It also 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 item 18 (Remarks).

11.  Army Regulation 600-8-22 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.  Appendix B, Table B-1 of this regulation provides for the following three campaign periods in the Persian Gulf War:  Defense of Saudi Arabia (2 August 1990 - 16 January 1991); Liberation and Defense of Kuwait (17 January 1991 - 11 April 1991); and Southwest Asia Cease-Fire (12 April 1991 - 30 November 1995).  A bronze service star is authorized for participation in each campaign.

12.  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.

13.  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.

14.  Army Regulation 600-8-22 further states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

a.  be engaged in combat during an armed engagement, regardless of the 
time in the area of eligibility;


b.  wounded or injured in the line of duty and required medical evacuation 
from the area of eligibility; or

c.  participate as a regularly assigned air crewmember flying sorties into, out 
of, or within the area of eligibility in direct support of military operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to reflect his service in Operations Desert Shield/Desert Storm.

2.  The available evidence clearly shows the applicant served in Southwest Asia during Operations Desert Shield/Storm.  Although records at DFAS and the Statement of Participation in Operation Desert Shield/Storm show slightly different dates of service in Southwest Asia, the Statement of Participation in 
Operations Desert Shield/Desert Storm, which was authenticated by the unit commander, is accepted as sufficient proof of the applicant's service in Southwest Asia.  Item 18 of the applicant's DD Form 214 should be amended to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19901224 – 19910521."

3.  Item 12f of the applicant's DD Form 214 appears to be incorrect and should be corrected to reflect his total amount of foreign service, including service in Korea, Germany, and Southwest Asia, for a total of 4 years, 4 months, and
24 days.

4.  Based on the applicant's service in Southwest Asia from 24 December 1990 to 21 May 1991, he is entitled to the SWASM, KLM-SA, and KLM-KU. Additionally, the applicant participated in three campaigns while in Southwest Asia; therefore, he also entitled to wear three bronze service stars on the SWASM and to have these awards added to his DD Form 214.

5.  Permanent orders awarded the applicant the ARCOM.  Therefore, this award should be added to the applicant's DD Form 214.

6.  General Orders show the unit the applicant was assigned to while serving in Southwest Asia was awarded the Meritorious Unit Commendation.  Therefore, he is entitled to have his records corrected to show this unit award.

7.  Based on the applicant's service in Korea from 22 February 1981 to 
17 February 1982, he is entitled to the KDSM and correction of his records 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 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 the entry "03 11 26" and replacing it with the entry "04 04 24"; 
	
   b.  adding to item 13 of the applicant's DD Form 214 the SWASM with three bronze service stars, KLM-SA, KLM-K, ARCOM, MUC, and KDSM; and

   c.  adding to item 18 of the applicant's DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901224 – 19910521."



      ___________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)                                         AR20090006455



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ABCMR Record of Proceedings (cont)                                         AR20090006455



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