IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090019306
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, that his service in Iraq during Operation Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in combat with the 1st Infantry Division.
3. The applicant provides an Army Commendation Medal (ARCOM) certificate.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he enlisted in the Regular Army on 12 May 1988, was awarded the military occupational specialty of light wheeled vehicle mechanic, and was promoted to pay grade E-4.
3. The applicant was awarded the ARCOM for meritorious service for the period 17 January to 28 February 1991. In the ARCOM certificate it is stated that the ARCOM was for his service while engaged in ground combat.
4. The applicant was honorably released from active duty on 3 June 1996 due to a reduction in force of the Army. The DD Form 214 he was issued has no mention of the applicant serving in the Persian Gulf area of operations during Operation Desert Storm.
5. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 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.
6. The DMDC Desert Shield/Storm Data Base shows the applicant as having participated in-theater during Operation Desert Storm from 21 January to 2 May 1991.
7. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
8. Army Regulation 600-8-22 states the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) awarded by the Kingdom of Saudi Arabia 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. Army Regulation 600-8-22 states the Kuwait Liberation Medal - Government of Kuwait (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.
10. Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
1. The DMDC verifies that the applicant served in-theater during Operation Desert Shield/Storm from 21 January to 2 May 1991.
2. Based on that service, he is entitled to
* the SWASM with two bronze service stars
* the Kuwait Liberation Medal - Government of Kuwait (KLM-KU)
* the Kuwait Liberation Medal - Saudi Arabia (KLM-SA)
3. The applicant is also entitled to have his DD Form 214 corrected to show his service in theater by making the following entry in item 18: Saudi Arabia 19910121 19910502.
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 the DD Form 214 of the individual concerned be corrected by:
a. Adding to Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): the SWASM with two bronze service stars, KLM-KU, and KLM-SA.
b. Adding to Item 18: Saudi Arabia 19910121 19910502.
_______ _ 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) AR20090019306
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019306
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090020030
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded the Army Commendation Medal (ARCOM) (4th Award), Army Achievement Medal (AAM) (6th Award), "Kuwait Liberation Award, Saudi Arabia Award" (accepted as a request for the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) and Kuwait Liberation Medal - Government of Kuwait (KLM-KU), Southwest Asia Service Medal (SWASM) with three bronze service stars, and a unit...
ARMY | BCMR | CY2011 | 20110008065
Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The regulation also 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)"...
ARMY | BCMR | CY2011 | 20110008427
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of items 12f (Foreign Service) and 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment dates in Southwest Asia. The entry from the DMDC is accepted as sufficient evidence with which to amend items 12f and 18 of his DD Form 214 to show his dates of service in Southwest Asia.
ARMY | BCMR | CY2010 | 20100024837
The applicant states her DD Form 214 does not reflect her deployment to Iraq and Saudi Arabia. Her DD Form 214 issued at the time of her discharge reflects no evidence of her deployment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding the SWASM with two bronze service stars, KLM-SA, and KLM-KU to her DD Form 214 * adding the entry "SERVICE IN SAUDI ARABIA FROM 19901001-19910121" to item 18 of her DD Form 214 2.
ARMY | BCMR | CY2010 | 20100027297
The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his foreign service. Therefore, it would be appropriate to correct his DD Form 214, item 12f to show this service. The available evidence shows he completed a qualifying period of service for award of the SWASM and he participated in three campaigns.
ARMY | BCMR | CY2009 | 20090006889
The applicant requests, in effect, that his dates of service in Southwest Asia be shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states, in effect, that he was deployed to Saudi Arabia in January 1991 in support of Operation Desert Shield/Desert Storm and he returned in November 1991. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Southwest Asia from 7 January 1991 to 2 November 1991.
ARMY | BCMR | CY2009 | 20090017210
The applicant requests that his service in Southwest Asia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. Army Regulation 600-8-22...
ARMY | BCMR | CY2011 | 20110006328
The applicant requests correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show he participated in combat operations and to show the Army Superior Unit Award (ASUA). The 1st Armored Division deployed to Saudi Arabia in preparation for entering Iraq, and an ARCOM certificate shows he also served in combat operations in Iraq and Kuwait. The record shows the applicant participated in Desert Shield/Storm, and his service coincided with three campaigns.
ARMY | BCMR | CY2011 | 20110006719
The applicant states: * he served in Operation Desert Storm and his DD Form 214 does not show the KLM-SA or KLM-KU * his DD Form 214 does show the Southwest Asia Service Medal * he may have separated from the Army before these awards were issued 3. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) 8. As a related issue, the...
ARMY | BCMR | CY2010 | 20100024373
Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 14 September 1990 through 16 January 1991. 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. The Board...