BOARD DATE:	  March 9, 2010

		DOCKET NUMBER:  AR20090016127 


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 that his war time service be reflected on his 1991
DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he is a Desert Shield/Desert Storm veteran but his dates of service are not reflected on his DD Form 214.  

3.  The applicant provides a copy of an undated Memorandum For Record for verification of his tour in Southwest Asia. 

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.  On 18 November 1986, the applicant enlisted in the Regular Army.  In April 1987, following completion of training, the applicant was assigned to a transportation unit in Germany.  In November 1988, he was awarded an Army Achievement Medal for the period 6 September to 24 September 1988.  In November 1989 he was awarded an Army Achievement Medal for the period 
27 May 1987 to 9 October 1989.

3.  The undated Memorandum For Record that was provided by the applicant in support of his application indicates he was deployed to Southwest Asia from 
24 December 1990 to 24 April 1991.  The memorandum was signed by the applicant’s unit commander.  However, the applicant annotated the memorandum to show the tour his duty dates should show 17 December
to 24 April 1991.

4.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/
Storm Data Base that 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 Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and Guard members the file includes those persons activated or federalized from  
2 August 1990 through 31 December 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

5.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 January to 26 April 1991.  Attempts to determine via Defense Finance and Accounting System (DFAS) when the applicant was in receipt of hostile fire pay in order to verify his dates of deployment were not successful.

6.  The applicant was released from active duty on 20 October 1991.  His DD Form 214 does not reflect any decorations specifically associated with his service in Southwest Asia.  The DD Form 214 reflects the following awards:

	Army Service Ribbon
	Overseas Service Ribbon
	One Army Achievement Medal
	Army Good Conduct Medal
	National Defense Service Medal



7.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's release from active duty, made no special provisions for entering the location of an individual's overseas service or deployment.  It was not until the publication of the 2000 version of Army Regulation 635-5 that a statement reflecting the location and period that an active duty Soldier deployed with his or her unit to a foreign country was required to be entered on the DD Form 214.  

8.  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.  The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995.  Southwest Asia and contiguous waters, as used herein, are defined as the area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  Members of the U.S. Armed Forces serving in Israel, Egypt, Turkey, Syria, and Jordan (including the airspace and territorial waters) between 17 January 1991 and 11 April 1991 will also be eligible for this award.  Members serving in these countries must have been under the command and control of U.S. Central Command or directly supporting military operations in the combat theater.  To be eligible, a service member must meet one or more of the following criteria:

	a.  attached to or regularly serving for 1 or more days with an organization participating in ground or shore (military) operations;

	b.  attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations;

	c.  actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above; and

	d.  serving on temporary duty for 30 consecutive days or 60 nonconsecutive days.  These time limitations may be waived for people participating in actual combat operations.

9.  Appendix B of Army Regulation 600-8-22 lists three campaigns associated with the Southwest Asia Service Medal:  Defense of Saudi Arabia, 2 August 1990 to 16 January 1991; Liberation and Defense of Kuwait, 17 January 1991 to 11 April 1991; and the Southwest Asia Cease-Fire, 12 April 1991 to 30 November 1995.  This same regulation states that a bronze service star will be awarded for wear on the Southwest Asia Service Medal for participation in each designated campaign.

10.  Army Regulation 600-8-22 provides for awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).  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.  The 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.  Although the evidence does confirm the applicant served in Southwest Asia in support of Operation Desert Shield and Desert Storm there were no provisions for listing the locations of an individual's overseas assignments on the DD Form 214 at the time of his separation.  As such, the discrepancies in the dates of his deployment are not relevant and need no resolution.  The addition of awards associated with service in Southwest Asia to his 1991 DD Form 214 will serve as evidence of his deployment.

2.  Therefore, based on service in Southwest Asia, the applicant is entitled to the Southwest Asia Service Medal with two bronze service stars, the KLM-SA and the KLM-KU.  He is entitled to correction of his DD Form 214 to show these medals.

3.  The evidence also confirms the applicant was authorized two awards of the Army Achievement Medal, although his DD Form 214 reflects only one of those awards.  It would be appropriate to add the second award to his 1991 DD Form 214.

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 adding a second award of the Army Achievement Medal, the Southwest Asia Service Medal with two bronze service stars, the KLM-SA, and the KLM-KU to the list of awards shown on his 1991 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 showing his deployment to Southwest Asia on his 1991 DD Form 214.




      _______ _   _______   ___
               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)                                         AR20090016127



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ABCMR Record of Proceedings (cont)                                         AR20090016127



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