IN THE CASE OF:	

		BOARD DATE:	 19 May 2010 

		DOCKET NUMBER:  AR20090018855 


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 his Gulf War deployment be documented on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) and he be issued a DD Form 215 (DD Form 214 Correction).

2.  The applicant states his Gulf War from 14 February 1991 through 2 May 1991, was omitted from his original DD Form 214, and item 18 (Remarks) contains an entry indicating a DD Form 215 would be issued to provide missing information.  

3.  The applicant provides the following in support of his application:

* DD Form 214, effective 20 December 1995
* Headquarters, 8th Infantry Division (Mechanized) Permanent Order (PO) Number (#) 29-10, dated 1 February 1991
* 3rd Personnel Group, Dhahran, Saudi Arabia, PO # 045-C-4, dated 
14 February 1991
* DA Form 638-1 (Recommendation for Award) 
* Army Commendation Medal (ARCOM) Certificate
* 3rd Battalion, 77th Armor Memorandum, Subject:  Soldiers Returning from Southwest Asia (SWA), dated 2 May 1991.



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 record shows he enlisted in the Regular Army (RA) and entered active duty on 23 March 1989.  He was trained in and awarded military occupational specialty 19K (M1 Armor Crewmen).

3.  On 20 December 1995, the applicant was honorably released from active duty (REFRAD) at the completion of his required active duty service.  The DD Form 214 he was issued shows he held the rank of specialist/E-4 and had completed 
4 years, 6 months, and 28 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:

* Army Good Conduct Medal (AGCM), 2nd Award
* ARCOM
*  Army Achievement Medal (AAM), 3rd Award)
* Army Lapel Button
* National Defense Service Medal (NDSM) 
* Army Service Ribbon (ASR).  

4.  Item 18 of the applicant's DD Form 214 contains no entry for deployed service.  It does contain an entry indicating a DD Form 215 (Correction to DD Form 214) would be issued to provide missing information.

5.  A review of the applicant's Defense Finance and Accounting Service (DFAS) pay record confirms he received imminent danger pay/hostile fire pay (IDP/HFP) from 1 February 1991 through 31 May 1991.  

6.  The applicant provides assignment orders, dated 1 February 1991.  These orders assigned him to the 23rd Replacement Regulating Detachment, APO NY, for the purpose of deployment in support of Operation Desert Storm for a period of 180 days, with a will proceed date of 15 February 1991.  
7.  The applicant also provides further assignment orders, dated 14 February 1991, which further assigned him to the 194th Regulating Replacement Detachment, VII Corps, Dhahran, Saudi Arabia, with a reporting date of 
14 February 1991.  He also provides a DA Form 638 and accompanying certificate, dated 17 April 1991, showing he was awarded the ARCOM for his meritorious achievement during the period 17 January through 28 February 1991, while participating in Operation Desert Storm.  Finally, he submits a unit memorandum confirming the return of Soldiers of his unit, including him, from SWA on 2 May 1991.  

8.  Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214.  Chapter  
2 contains preparation instructions for the DD Form 214.  The instructions for item 18 state for active duty Soldiers deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-14 contains guidance on the Southwest Asia Service Medal (SWASM) and states that it is awarded to members who served in SWA after  
2 August 1990 through 30 November 1995.  It further states that one bronze service star will be worn with the SWASM for each campaign a member was credited with participating in while serving in SWA.  SWA campaigns are as follows:  Defense of Saudi Arabia (2 August 1990-16 January 1991), Liberation and Defense of Kuwait (17 January 1991-11 April 1991), and Southwest Asia Cease Fire (12 April 1991-30 November 1995).

10.  Paragraph 9-14 of the awards regulation contains guidance on the Kuwait Liberation Medal-Saudi Arabia (KLM-SA) and states that it is awarded to members who participated in Operation Desert Storm between 17 January and 28 February 1991.  Paragraph 9-15 contains guidance on the Kuwait Liberation Medal-Kuwait (KLM-K) and states that it is awarded to members who served in SWA in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 corrected to show his Gulf War deployment time for the period of 14 February 1991 through 2 May 1991 was carefully considered and found to have merit.

2.  The record contains permanent deployment and award orders which confirm the applicant was deployed to SWA in support of Desert Storm for the period of 14 February 1991 through 2 May 1991.  In addition, his military pay records indicate he received imminent danger/hostile fire pay for the same period.  Therefore, it would be appropriate to correct his DD Form 214 to show his deployment time.

3.  Further based on his SWA service and campaign participation, the applicant is also eligible for the SWASM with 2 bronze service stars, KLM-SA, and KLM-K, which also should be added to his record and DD Form 214 at this time.  

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 amending his DD Form 214 as follows: 

	a.  Item 13 - add the Southwest Asia Service Medal with 2 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait; and 

	b.  Item 18 - add the entry "SERVICE IN SOUTHWEST ASIA FROM 19910214 - 19910502" to item 18.  




      _______ _  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)                                         AR20090018855



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ABCMR Record of Proceedings (cont)                                         AR20090018855


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