IN THE CASE OF:	

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090013612 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service, effective date of pay grade, correct date of birth, and additional awards that may be due to him as a result of his service in support of Operations Desert Shield/Desert Storm.

2.  The applicant states, in effect, his DD Form 214 needs to be corrected for his application for pension and disability.

3.  The applicant provides his DD Form 214 and two pages of radiology reports in support of this 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 military records show he enlisted in the Regular Army (RA) on 28 February 1990.  He completed training and he was awarded military occupational specialty (MOS) 12C (bridge crewmember).  He was advanced to the rank/grade of specialist (SPC)/E-4, which is the highest rank/grade he held during his tenure of service.

3.  On 29 May 1992, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 6-3b, by reason of hardship.  He completed 2 years, 3 months, and 2 days of net active service.

4.  The applicant's DD Form 214, in pertinent part, contains the following:

	a.  Item 5 (Date of Birth) shows the entry "69xxxx";

	b.  Item 12f (Foreign Service) shows the entry "unk  unk  unk";

	c.  Item 12h (Effective Date of Pay Grade) shows the entry ""unk  unk  unk."

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show any awards as a result of his service in support of Operations Desert Shield/Desert Storm.

6.  Item 18 (Remarks) of the applicant's DD Form 214 states that the applicant was "Separated from the service on temporary records and Soldier's affidavit."  It further states "DD Form 215 (Correction to DD Form 214) will be furnished to provide missing information or correct any information."

7.  The applicant's DD Form 1966 (Application for Enlistment - Armed Forces of the United States) and his DA Form 2A (Personnel Qualification Record - Part I) show his birth date as "68xxxx."

8.  The applicant's DA Form 2A and DA Form 2-1 (Personnel Qualification Record - Part II) show his date of rank to SPC as "920201."

9.  The applicant's DA Form 2A shows "Saudi Arabia A 9104" in Section IV (Service Data), item 16 (Last Combat Tour/Date).

10.  The applicant's DA Form 2-1 shows he served in Saudi Arabia during the period "901002 - 910415."  It further shows that he served in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns.

11.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA
Form 2-1 shows he was awarded the Southwest Asia Service Medal with two bronze service stars.

12.  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.

13.  The Kuwait Liberation Medal (KLM-KU) 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.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, that for item 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period).

15.  Army Regulation 635-5, in effect at the time, did not provide for deployments to be recorded on a Soldier's DD Form 214.  However, the current version of the regulation prescribes that for item 18, 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.  Available records show the applicant's date of birth is xx xx 1968.  It appears that the year of his date of birth reflected on his DD Form 214 was transcribed in error; therefore, it would be appropriate to correct his DD Form 214 to show his date of birth as "68xxxx."

2.  Records show the applicant's date of rank as 1 February 1992.  As such, he is entitled to have his DD Form 214 corrected to show this effective date of pay grade.

3.  The applicant's DA Form 2-1 shows he served in Saudi Arabia from 2 October 1990 to 15 April 1991 for a total of 6 months and 14 days during the period covered by his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service in item 12f of his DD Form 214.

4.  While the regulation in effect at the time did not provide for deployments to be recorded on a Soldier's DD Form 214, it would be in the interest of equity to apply the current standards to enter the applicant's deployment on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show his service in support of Operations Desert Shield/Desert Storm.

5.  Records show the applicant was awarded the Southwest Asia Service Medal with two bronze service stars.  Therefore, he is entitled to have the his records corrected to show this award.

6.  The available evidence also shows the applicant completed a qualifying period of service for award of the KLM-SA and the KLM-KU.  Therefore, he is entitled to have his records corrected to show these awards.

7.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 item 5 of his DD Form 214 the entry "69xxxx" and replacing it with the entry "68xxxx";

	b.  deleting from item 12f of his DD Form 214 the entry "unk  unk  unk" and replacing it with the entry "00  06  14";

	c.  deleting from item 12h of his DD Form 214 the entry "unk  unk  unk" and replacing it with the entry "92  02  01";

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

	e.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19901002-19910415."



      ___________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)                                         AR20090013612



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ABCMR Record of Proceedings (cont)                                         AR20090013612



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