BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090007103 


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 military records to show his deployment to Saudi Arabia.

2.  The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show he deployed service to Saudi Arabia. 

3.  The applicant provides no documentation 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.  On 6 November 1990, the applicant enlisted in the Regular Army (RA).  He completed his initial training and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman). 
3.  On 11 April 1991, the applicant departed Fort Benning, GA, for assignment to his first permanent duty station.  On 3 May 1991, the applicant was assigned to the Provisional Battalion located at Fort Riley, KS.

4.  On 19 June 1992, the applicant was reassigned to 1st Battalion, 16th Infantry Regiment at Fort Riley.

5.  The Gulf War Deployment Roster shows the applicant served in Saudi Arabia from 1 March to 31 August 1993 (for a period of 6 months).  

6.  DA Form 2A (Personnel Qualification Record, Part I) prepared on 27 July 1993, shows in Section IV (Service Date), item 12 (Deployment Indicator) the code "A."

7.  On 5 November 1993, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist (SPC)/E-4 and had completed 3 years of creditable active service.

8.  Block 12f (Foreign Service) of the applicant's DD Form 214 does not show any foreign service.

9.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Army Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar.  

10.  Block 18 (Remarks) of the applicant's DD Form 214 does not contain an entry showing his service in Saudi Arabia.

11.  Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes) prescribes the data code structure used to report and record personnel data via the automated Personnel Information System.  The codes listed in this reference will be used to report data on military personnel.  It includes data codes necessary to report deployment indicator and assignment eligibility and availability codes as prescribed by the Deputy Chief of Staff for Personnel and enlistment.  In pertinent part, code "A" in Section IV, Item 12 of the DA Form 2A indicates deployment to Saudi Arabia – Southwest Asia.

12.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f of the total amount of foreign service completed during the period covered by the DD Form 214.  It further provides that block 18 will contain the following entry for Regular Army Soldiers deployed with his or her unit during their continuous period of active service: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

13.  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 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), Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

14.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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 contends that his DD Form 214 does not show his deployed service to Saudi Arabia.

2.  The evidence of record shows that the applicant was deployed to Saudi Arabia from 1 March 1993 to 31 August 1993, for a period of 6 months.  Therefore, his DD Form 214 should be corrected to show this foreign service.

3.  Records show that he applicant served during a qualifying period for award of the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal - Kuwait.   Therefore, his records should be 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.  deleting from block 12f of his DD Form 214 the entry "00 00 00" and replacing it with the entry "00 06 00";
   
   b.  adding to block 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal - Kuwait; and
   
   c.  adding to block 18 the entry "SERVICE IN SAUDI ARABIA FROM 19930301 - 19930831."



      __________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)                                         AR20090007103



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ABCMR Record of Proceedings (cont)                                         AR20090007103



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