BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090008366
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 that his DD Form 214 does not show or indicate his combat time in Southwest Asia during Operation Desert Storm.
3. The applicant provides reassignment orders and a copy of his DD Form 214 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 11 July 1989. He trained as an M1 Abrams armor crewman. On 9 September 1992, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Pistol Bar, the Marksman Marksmanship Qualification Badge with Grenade Bar, and the Driver and Mechanic Badge with Driver T-Bar as authorized awards. Item 18 of the applicant's DD Form 214 does not show any deployments.
4. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) is blank.
5. In support of his claim, the applicant provided reassignment orders which show he was assigned to the 24th Infantry Division in Southwest Asia on 22 February 1991 and reassigned to the 19th Replacement Detachment in Southwest Asia on 15 March 1991.
6. Records at the Defense Finance and Accounting Service (DFAS) show the applicant received hostile fire/imminent danger pay during the period 1 February 1991 to 31 March 1991 for service in Southwest Asia.
7. On 29 September 2009, the applicant was notified by separate correspondence to provide his inclusive dates of service in Southwest Asia. On 1 October 2009, he responded and indicated that he arrived in Southwest Asia on 15 February 1991 and returned to his unit on 1 April 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 15 February 1991 to 31 March 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 one bronze service star, 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 one bronze service star, the KLM-SA, and the KLM-KU to his DD Form 214; and
b. adding the entry, "SERVICE IN SOUTHWEST ASIA FROM 910215-910331" 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) AR20090008366
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