BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100007449 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service and award of the Southwest Asia Service Medal (SWASM) with one bronze service star.

2.  The applicant states she served in Kuwait and received the SWASM with one bronze service star.

3.  The applicant provides a memorandum verifying her eligibility for the SWASM, a roster she identifies as a manifest of individuals going to Kuwait, a Certificate of Achievement for her service during Intrinsic Action 95-03, and her DD Form 214.

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 18 July 1994.  She was trained in and awarded military occupational specialty 54B (Chemical Operations Specialist).  She was released from active duty on 25 December 1996 and she was transferred to a Colorado Army National Guard unit to complete her remaining Reserve obligation.  She completing 2 years, 5 months, and 8 days of total active service.

3.  Item 12f (Foreign Service) of her DD Form 214 shows no foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show award of the SWASM with one bronze service star.

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) is blank.

6.  Item 9 (Awards, Decorations, & Campaigns) of her DA Form 2-1 (Personnel Qualification Record) shows award of the National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade bars.

7.  In an e-mail to a staff of the Board, the Defense Finance and Accounting Service (DFAS) stated the applicant's Master Military Pay Account (MMPA) shows she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exemption (CZTE) for service in Kuwait during the period 28 October 1995 through 5 December 1995, a period of 1 month and 8 days.

8.  The applicant's name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  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 Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  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.  

9.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal 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)

10.  Army Regulation 635-5 (Personnel Separations - 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 for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

11.  Army Regulation 635-5 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 block 18 (Remarks).

12.  Review of the applicant's records indicates entitlement to a decoration that is not shown on her DD Form 214.

13.  A DA Form 4980-18 (Army Achievement Medal (AAM) Certificate) shows the applicant was awarded the AAM for meritorious service during the period
4 December 1995 to 25 December 1996, by Headquarters, 3d Brigade Permanent Orders Number 338-09.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her record to show her foreign service and award of the SWASM with one bronze service star is supported by the evidence.

2.  Records maintained by the DFAS show the applicant received HF/IDP and CZTE for service in Kuwait during the period 28 October 1995 through
5 December 1995.  Therefore, she is entitled to correction of her DD Form 214 to show 1 month and 8 days of foreign service.

3.  DMDC records show the applicant participated in Desert Shield/Storm.  Her service coincided with the Cease-Fire Campaign covering the period 12 April 1991 - 30 November 1995.  Therefore, she is entitled to the SWASM with one bronze service star.

4.  Permanent orders awarded the applicant the AAM.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

5.  Based on her service in Kuwait, she is also entitled to correction of her DD Form 214 to show her period of deployment.  

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.  deleting from item 12f of her DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  01  08";

	b.  adding to item 13 of her DD Form 214 the Army Achievement Medal and Southwest Asia Service Medal with one bronze service star; and

	c.  adding to item 18 of her DD Form 214 the entry "SERVICE IN KUWAIT FROM 19951028 - 19951205."



      __________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)                                         AR20100007449



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)