BOARD DATE:	  15 September 2009

		DOCKET NUMBER:  AR20090006889 


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) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he was deployed to Saudi Arabia in January 1991 in support of Operation Desert Shield/Desert Storm and he returned in November 1991.

3.  The applicant provides no documentary evidence 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 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 on 22 February 1984 and trained as a wheeled vehicle repairer.  On 21 January 1992, he was honorably discharged.

3.  The applicant's DD Form 214 shows the Army Good Conduct Medal (2nd Award), the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge (Driver-W) as authorized awards.  Item 18 of 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 9 January 1991 to 20 May 1991.

6.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant served in Kuwait receiving hostile fire pay for the period 1 January 1991 to 30 November 1991.

7.  On 24 August 2009, the applicant was notified by separate correspondence to provide his inclusive dates of service in Southwest Asia.  He responded on 10 September 2009 and indicated that he arrived in Saudi Arabia on 7 January 1991 and he returned to Fort Knox, Kentucky, on 2 November 1991.

8.  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 item 18.

9.  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 Operation 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).

10.  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.

11.  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.  The applicant's information and the DFAS confirmation of his inclusive dates of service in Southwest Asia are accepted as sufficient evidence on which to amend item 18 of his DD Form 214 to show he served in Southwest Asia.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Southwest Asia from 7 January 1991 to 2 November 1991.

2.  As a related issue and based on the applicant's service in Southwest Asia, he is eligible for award of the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU.

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.  adding the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU to his DD Form 214; and

	b.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 910107-911102" to item 18 of his 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)                                         AR20090006889



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ABCMR Record of Proceedings (cont)                                         AR20090006889



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