IN THE CASE OF:	  

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090008812 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Persian Gulf during Operations Desert Shield/Desert Storm and to show the service medals for this foreign service.

2.  The applicant states that he was on temporary duty (TDY) with the 101st Airborne Division during Operations Desert Shield/Desert Storm.  He does not have any pay stubs, but he still has a 101st Airborne Division tour book with his name and pictures in Saudi Arabia.

3.  The applicant provides no additional documents 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 30 January 1990.  He completed training as an AH-64 attack helicopter repairer and his highest grade attained was specialist.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) does not show he served in Saudi Arabia.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not show awards for service in Southwest Asia (SWA).

4.  Headquarters, III Corps and Fort Hood, Orders L22-08, dated 31 January 1991, placed the applicant on TDY at Fort Benning, GA, for deployment in support of Operation Desert Storm with a reporting date of 2 February 1991.

5.  The applicant was discharged on 13 November 1992.  His DD Form 214 does not show any foreign service in item 12f (Foreign Service) or item 18 (Remarks).

6.  His DD Form 214 shows he was awarded the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Aircraft Crewman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar during his tenure on active duty.

7.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operations 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 or National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  This database shows the applicant served during Operations Desert Shield/Desert Storm from 2 February 1991 through 3 May 1991.

8.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 18 is used for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.  Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.

9.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWA Service Medal (SWASM) 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), the Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991), and the Cease-Fire (12 April 1991 to 30 October 1995) Campaigns.

10.  The Kuwait Liberation Medal - 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 - 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 statements were carefully reviewed.  There is sufficient evidence on which to grant the relief requested.

2.  The DMDC database shows the applicant was deployed in support of Operations Desert Shield/Desert Storm from 2 February 1991 through 3 May 1991.  This information is accepted as sufficient evidence as a basis to amend item 18 of his DD Form 214 to show the entry:  "SERVICE IN SWA FROM 19910202-19910503."  In addition, it would be appropriate to amend item 12f of his DD Form 214 to reflect 3 months and 2 days of foreign service.

3.  Based on the applicant's service in SWA as determined in paragraph 2 above, he is eligible for award of the SWASM with two bronze service stars, the 
KLM-SA, and the KLM-K.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 12f to show the entry "00 03 02";

	b.  amending item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to add the SWASM with two bronze service stars, the KLM-SA, and the KLM-K; and

	c.  amending item 18 to add the entry "SERVICE IN SWA FROM 19910202-19910503."



      ____________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)                                         AR20090008812



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ABCMR Record of Proceedings (cont)                                         AR20090008812



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