IN THE CASE OF:
BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090010887
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 her 30 November 2003 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment in support of Operation Desert Shield/Desert Storm.
2. The applicant states that she was deployed from 14 August 1990 through 20 May 1991.
3. The applicant provides no additional documents in support of her 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's records show she enlisted in the Regular Army on 28 November 1983. She served 20 years and 3 days and was honorably retired on 30 November 2003.
3. Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows award of the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal (Kuwait). The applicant's service in support of Operation Desert Shield/Desert Storm is not listed in item 18 (Remarks) of her DD Form 214.
4. Information retrieved from the Gulf War Deployment Roster shows that the applicant was deployed from 1 October 1990 to 26 March 1991.
5. There are no other documents in the applicant's available file that shows she was deployed in support of Operation Desert Shield/Desert Storm.
6. 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), 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).
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The current regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
8. A review of the applicant's DD Form 214 indicates that she is entitled to an additional award that is not shown on this form. The applicant's DD Form 214 does not show the award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA).
9. Army Regulation 600-8-22 states that the award of the 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that she was deployed in support of Operation Desert Storm/Desert Shield from 14 August 1990 to 20 May 1991. However, there is no evidence and she did not provide any to substantiate the dates she listed as the actual dates of her deployment.
2. The Gulf War Deployment Roster verifies that the applicant was deployed in support of Operation Desert Storm/Desert Shield from 1 October 1990 to 26 March 1991. Therefore, she is entitled to correction of records to show this deployment and the dates of deployment in item 18 of her DD Form 214.
3. The evidence of record shows that the applicant is entitled to award of the KLM-SA. Therefore, the applicant is entitled to correction of her records to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the KLM-SA to item 13 of her DD Form 214 and
b. adding "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910326" to item 18 of her DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to listing the deployment dates of 14 August 1990 to 20 May 1991.
___________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) AR20090010887
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ABCMR Record of Proceedings (cont) AR20090010887
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