BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090012819 


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, correction of his records to show he served overseas in Southwest Asia (SWA) in support of Operation Desert Shield/Desert Storm.  He also requests all of the awards and decorations that he may be authorized to include the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).

2.  The applicant states, in effect, he believes he is entitled to the above awards. 

3.  The applicant provides, in support of his application, copies of his deployment and redeployment orders, pay records, and a medical record.

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 and entered active duty in the Regular Army for a period of 3 years on 4 March 1987.  Upon completion of training he was awarded military occupational specialty 76V (Materiel Storage and Handling Specialist).  The applicant voluntarily extended the term of his enlistment to a period of 
3 years and 7 months and established his expiration term of service (ETS) date as 3 October 1990.  He was subsequently involuntarily extended on active duty.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record Brief) shows in:

   a.  item 5 (Oversea Service) that he served in Germany from 8 July 1987 through 2 July 1989; and

	b.  item 9 (Awards, Decorations and Campaigns) the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, Army Service Ribbon, Overseas Service Ribbon, Army Achievement Medal, Driver and Mechanic Badge with "W" [Wheel] Bar, Noncommissioned Officer Professional Development Ribbon, Good Conduct Medal, and National Defense Service Medal.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), as corrected by a DD Form 215 (Correction to DD Form 214), shows he was honorably released from active duty on 4 July 1991 due to ETS and that he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  At the time he had completed 4 years, 4 months, and 1 day of net active service.  This document also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service) that he completed
1 year, 11 months, and 25 days of foreign service this period;

   b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon (Primary Level), Driver and Mechanic Badge with "W" Bar, Army Achievement Medal, and Overseas Service Ribbon; and

   c.  item 18 (Remarks) does not show that he served in SWA.

5.  In support of his request, the applicant provides the following documents:

   a.  Headquarters, U.S. Army Armor Center Fort Knox, Kentucky, Orders 
253-111, dated 10 September 1990, that show the unexecuted portion of Headquarters, U.S. Army Armor Center Fort Knox, Orders 218-106, dated 
6 August 1990, pertaining to the applicant's reassignment and relief from active duty were rescinded;

   b.  Headquarters, U.S. Army Armor Center and Fort Knox, Permanent Orders 008-001, dated 8 January 1991, that show the 76th Heavy Equipment Maintenance Company was assigned to the U.S. Army Forces Command and attached to U.S. Army Central Command, effective 9 January 1991, to be deployed in support of Operation Desert Shield for a period not to exceed 364 days;

   c.  a DA Form 3686 (Leave and Earnings Statement) for the period
1 - 30 April 1991, that shows, in pertinent part, the applicant was authorized Imminent Danger Pay for the months of January through April 1991; 

   d.  a Standard Form 600 (Chronological Record of Medical Care), dated 
30 April 1991, "Southwest Asia Demobilization/Redeployment Medical Evaluation" that shows the applicant indicated he had a broken left thumb while in the SWA region.  This document also shows the applicant received an Anthrax injection in January 1991 and Nuclear/Biological/Chemical (NBC) pills in January - February 1991; and

   e.  a DD Form 1610 (Request and Authorization for TDY [Temporary Duty] Travel of DOD Personnel), Travel Order Number 5-152, dated 8 May 1991, that shows the applicant was authorized travel on or about 10 May 1991, from Dhahran, Saudi Arabia to Fort Knox.

6.  Information retrieved from the Gulf War Deployment Roster shows the applicant was deployed to SWA from 9 January through 20 May 1991.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation also provides that:

   a.  the Southwest Asia Service Medal is awarded for service in the Persian Gulf War to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 through 30 November 1995;

       (1)  Appendix B of Army Regulation 600-8-22 lists the campaigns for the SWA Conflict.  This document shows that the applicant served in SWA during the Defense of Saudi Arabia (2 August 1990 - 16 January 1991), Liberation and Defense of Kuwait (17 January - 11 April 1991), and Southwest Asia Cease-Fire (12 April 1991 - 30 November 1995) campaigns.

      (2)  this Army regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Southwest Asia Service Medal.

   b.  the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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; and

   c.  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.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

9.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's separation, contains item-by-item instructions for completing the DD Form 214:

   a.  item 12 states to use extreme care in completing this block since post-service benefits, final pay, retirement credit are based upon the information contained herein;
   
   b.  item 12, block f, states to enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., item 12, block c).  Obtain the foreign service listed in Section I of the DA Form 4037 (Officer Record Brief) for officers or item 5 of the DA Form 2-1 for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ and/or OMPF;

   c.  item 13 states that entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence; and

   d.  the current version of the regulation states, for item 18, to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states, in pertinent part, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show he served in SWA in support of Operation Desert Shield/Desert Storm and all of his authorized awards and decorations.

2.  Records show the applicant served overseas in Germany from 8 July 1987 to 2 July 1989.  A calculation of this period of service shows it equates to 1 year,
11 months, and 25 days.  Records also show that this period of foreign service is recorded in item 12 (block f) of his DD Form 214.

3.  The Gulf War Deployment Roster confirms the applicant served overseas in SWA from 9 January to 20 May 1991.  A calculation of this period of service shows it equates to 4 months and 12 days.  This period of foreign service in SWA, coupled with the period of foreign service in Germany totals 2 years, 
4 months, and 7 days.  Therefore, it would be appropriate to correct:

   a.  item 12 (block f) of the applicant's DD Form 214 to show this total foreign service; and
   
   b.  item 18 to show he served in Southwest Asia from 9 January through
20 May 1991.

4.  Records show the applicant served a qualifying period in Southwest Asia for award of the Southwest Asia Service Medal.  The evidence of record also shows the applicant served in Southwest Asia during three campaigns.  Therefore, it would be appropriate to correct his records to show award of the Southwest Asia Service Medal with three bronze service stars.
5.  Records show the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia).  Therefore, it would be appropriate to correct his records to show this foreign service medal.

6.  Records show the applicant qualified for award of the Kuwait Liberation Medal (Kuwait).  Therefore, it would be appropriate to correct his records to show this foreign service medal.

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 the current entry in item 12, block f, of his DD Form 214 and adding the entry "02  04  07";

	b.  adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait); and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900109-19910520."




      _______ _   _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)                                         AR20090012819



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