IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100007393 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service.

2.  The applicant states item 12f (Foreign Service) of his DD Form 214 shows no foreign service and that he was deployed from 1990-1991.

3.  The applicant provides a copy of his DD Form 214 in support of this 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 23 August 1989 and upon completion of initial training he was awarded military occupational specialty 52C (Utilities Equipment Repairer).  He was discharged on 3 June 1992.

3.  Item 12f of his DD Form 214 does not show any foreign service.  Item 
13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  Defense Finance and Accounting Service (DFAS) records show he received imminent danger pay from 7 October 1990 to 9 June 1991.

5.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary 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.  This database shows the applicant served in Southwest Asia (SWA) from 1 October 1990 to 15 May 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 foreign service performed 
during the period covered by the DD Form 214 will be entered in item 12f.  It also states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered in item 13.  It further 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 (Remarks).

7.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWA Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  

Appendix B, Table B-1 of this regulation provides for the following three campaign periods in the Persian Gulf War:  Defense of Saudi Arabia (2 August 1990 - 16 January 1991); Liberation and Defense of Kuwait (17 January 1991 - 11 April 1991); and SWA Cease-Fire (12 April 1991 - 30 November 1995).  A bronze service star is authorized for participation in each campaign.

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 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 applicant's contention that his DD Form 214 should be corrected to reflect foreign service has been carefully reviewed.

2.  The Desert Shield/Storm Data Base confirms the applicant served in SWA from 1 October 1990 to 15 May 1991.  DFAS records confirm he received imminent danger pay during this time frame.

3.  Although the dates provided by DFAS are slightly different than the dates in the Desert Shield/Storm Data Base, both dates are within the same general time frame. Therefore, information contained in the Desert Shield/Storm Data Base appears to be correct and is sufficient evidence to correct his records to show his service in SWA from 1 October 1990 to 15 May 1991 (7 months and 15 days).

4.  As further evidence of the applicant's foreign service the awards he earned while in SWA should also be added to his DD Form 214.

5.  Based on his service in SWA, he is entitled to the SWASM.  Additionally, he participated in three campaigns while in SWA; therefore, he is also entitled to three bronze service stars to be affixed to the SWASM and to have his DD Form 214 corrected to show this award.

6.  He served a period of qualifying service for award of the KLM-SA and 
KLM-KU.  These awards should be added to 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 to item 12f of his DD Form 214 the entry "00 07 15";

	b.  adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal-SA, and the Kuwait Liberation Medal-KU; and

   c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 – 19910515."



      _______ _   _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)                                         AR20100007393



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ABCMR Record of Proceedings (cont)                                         AR20100007393



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