IN THE CASE OF:	

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090017210 


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 service in Southwest Asia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he served in Southwest Asia in support of Operations Desert Shield/Desert Storm from September 1990 to April 1991 and it is not shown on his DD Form 214.  He was not aware that his participation in Operations Desert Shield/Desert Storm should be shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 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 6 August 1986, served as an equipment records and parts specialist, and was released from active duty on 29 October 1993.

3.  The applicant's DD Form 214 shows the Army Good Conduct Medal (2nd Award), the Noncommissioned Officer Professional Development Ribbon, the Overseas Service Ribbon, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, the Army Lapel Button, the Air Assault Badge, and the Army Achievement Medal as authorized awards.  Item 18 (Remarks) of this DD Form 214 does not show any deployments.

4.  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 and National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm.  For Reserve and National 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 Operations Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 August 1990 to 10 April 1991.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

7.  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 (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 Campaign (12 April 1991 to 30 October 1995).

8.  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.

9.  The Kuwait Liberation Medal awarded by the 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 entry in the Operations Desert Shield/Storm Data Base compiled by the DMDC which shows the applicant served in Southwest Asia from 1 August 1990 to 10 April 1991 is accepted as sufficient evidence on which to amend item 18 of his DD Form 214 to show he served in Southwest Asia.  Therefore, item 18 of his DD Form 214 should be corrected to show he served in Southwest Asia from 1 August 1990 to 10 April 1991.

2.  As a related issue and based on the applicant's service in Southwest Asia, he is authorized the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU.

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.  adding the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU to his DD Form 214 and

	b.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 900801-910410" to item 18 of his DD Form 214.



      ___________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)                                         AR20090017210



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ABCMR Record of Proceedings (cont)                                         AR20090017210



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