IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090019221 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployments to Southwest Asia (SWA) and Korea and his award of the Southwest Asia Service Medal.

2.  The applicant states that his deployments to SWA and Korea and his award of the Southwest Asia Service Medal (SWASM) are not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of his assignment orders, a copy of a letter from the Defense Finance and Accounting Service (DFAS) verifying his combat zone tax exclusion (CZTE) and four Certificates of Achievement.

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 4 August 1992 for a period of 2 years and 22 weeks and training as a medical specialist.  He completed his training and was transferred to a Patriot battalion at Fort Bliss, Texas, for his first and only permanent duty assignment.

3.  During his assignment he deployed to Saudi Arabia for the period 2 April to    1 August 1993 and received imminent danger pay for that period.

4.  He also deployed to South Korea during the period 18 April to 6 October 1994 and received foreign duty pay during that period.

5.  On 4 January 1995, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 2 years, 5 months, and 1 day of service.  His DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the Army Service Ribbon, and his marksmanship badges.  It reflects no foreign service and there is no remark in block 18 (Remarks) indicating his deployment to a foreign country.

6.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that entries for active duty Soldiers deployed with his or her unit during their continuous period of active service will be made in the Remarks section to reflect “Service in (Name of Country Deployed) from (inclusive dates YYYYMMDD – YYYYMMDD).

7.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

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 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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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 applicant’s contention that he served in SWA and was awarded the SWASM has been noted and appears to have merit.

2.  The applicant was deployed to Saudi Arabia during the period 2 April to 1 August 1993 and it is reasonable to presume that he was awarded the SWASM with one bronze service star for that service.  Accordingly, his records should be corrected to reflect his service in SWA and his award of the SWASM.

3.  The applicant also met the eligibility criteria for award of the KLM-K, and this award should be added to his DD Form 214.

4.  Likewise, the applicant also deployed to South Korea during the period 18 April to 6 October 1994 and is entitled to have that service reflected on his  DD Form 214 as well.  The applicant is also entitled to award of the KDSM for that service as well.

5.  Additionally, the applicant served 9 months and 19 days of foreign service during his two deployments and thus is entitled to have his records reflect that foreign service in block 12f of his DD Form 214.

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 KDSM, of the SWASM with one bronze service star, and the Kuwait Liberation Medal (Kuwait) to his DD Form 214;

   b. adding his deployment to Saudi Arabia from 19930402 to 19930801 to his DD Form 214;

   c.  adding his deployment to South Korea from 19940418 to 19941006 to his DD Form 214; and

   d.  adding 9 months and 19 days of foreign service in block 12f 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)                                         AR20090019221





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ABCMR Record of Proceedings (cont)                                         AR20090019221



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