IN THE CASE OF:	  

		BOARD DATE:	    27 July 2010

		DOCKET NUMBER:  AR20100007448 


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 period of deployment to Saudi Arabia and the receipt of any awards or decorations to which he is entitled as a result of this deployment.

2.  He states, in effect, although he deployed overseas to Saudi Arabia, no foreign service is shown on his DD Form 214.  He also states he was there providing service to his country in a time of war and he desires to have his records reflect this and the awards and decorations he should have received.  He attributes these oversights to the fact he was diagnosed with Post Traumatic Stress Disorder (PTSD) in the field and medically evacuated through several stops overseas and in the U.S. enroute to the Medical Holding Company located at Fort Knox, KY.  He further states he needs his records updated to show he served overseas so he can prove that he is a combat veteran and receive the medical benefits to which he is entitled.  

3.  He provides no evidence 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 U.S. Army Reserve (USAR) on 4 October 1981.  Upon completion of initial entry training, he was awarded military occupational specialty 77F (Petroleum Supply Specialist) and assigned to the 425th Quartermaster Company based in Jeffersonville, IN.  The highest rank he attained while serving in the USAR was staff sergeant/pay grade E-6.

3.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows:

	a.  On 17 November 1990, he was ordered to active duty in support of Operation Desert Shield and underwent mobilization at Fort Benjamin Harrison, IN; and

	b.  On 4 February 1991, his duty status was changed to "Patient" and he was assigned to the Medical Holding Company located at Fort Knox, KY.

4.  U.S. Army Medical Department Activity, Fort Knox, KY, Orders 040-13, dated 9 March 1991, reassigned him from the 425th Quartermaster Company to the Medical Holding Company located at Fort Knox, KY, effective 4 February 1991.  Item (e) of the Additional instructions portion of these orders shows he "was medically evacuated to CONUS [continental U.S.]."

5.  U.S. Army Medical Department Activity, Fort Knox, KY, Orders 086-7, dated 16 May 1991, reassigned him to the U.S. Army Separation Transfer Point with a reporting date and date of discharge of 31 May 1991.

6.  His DD Form 214 shows he was discharged with an honorable characterization of service on 31 May 1991 due to a physical disability and he received severance pay.  Item 12f (Foreign Service) indicates he did not serve overseas for any period of time.  Item 13 (decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) does not show any awards or decorations typically associated with deployment to Saudi Arabia in support of Operation Desert Shield/Storm.  Item 18 (Remarks) of this form does not show the applicant served overseas for any period of time.

7.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/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/National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.

8.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia for an unspecified period of time during the period 1 January 1991 to 31 March 1991.

9.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Department of Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to Southwest Asia during the period 1 January 1991 through 4 February 1991. 

10.  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.  In pertinent part, it states that:

	a.  for Block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period); and

	b.  for Block 18, for a Reservist 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.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (Kuwait Liberation Medal-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.  This 
regulation also provides the Kuwait Liberation Medal awarded by the Government of Kuwait (Kuwait Liberation Medal-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.

12.  Army Regulation 600-8-22, in pertinent part, 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).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his period of deployment to Saudi Arabia was carefully considered and determined to have merit.

2.  The Desert Shield/Storm Data Base shows he served in Southwest Asia for an unspecified period of time during the period 1 January 1991 to 31 March 1991.  Additionally, the MMPA database maintained by DFAS shows he received pay and tax exclusion entitlements associated with deployment to Southwest Asia during the period 1 January 1991 through 4 February 1991, a total of 1 month and 5 days. 

3.  Based on the foregoing, it would be appropriate to amend his DD Form 214 to show this period of overseas service.

4.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to award of these medals and to have his DD Form 214 corrected to show these medals.

5.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of the Southwest Asia Service Medal.  Evidence also shows he participated in two campaigns while serving in Southwest Asia.  Therefore, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars and to have his records corrected to show this award.

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 applicant's DD Form 214 be corrected by:

	a.  deleting the current entry in Block 12f and adding the entry “0000  01  05”;

	b.  adding the following entry to item 13:  "KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT//SOUTHWEST ASIA SERVICE MEDAL WITH TWO BRONZE SERVICE STARS"; and

	c.  adding the following entry in Block 18 of his DD Form 214:  “SERVICE IN SOUTHWEST ASIA FROM 19910101-19910204.”



      _______ _   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)                                         AR20100007448



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)