IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008188 


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 deployment to Saudi Arabia in support of Operations Desert Shield/Desert Storm.

2.  The applicant states that his DD Form 214 does not show his deployment to Saudi Arabia.

3.  The applicant provides a copy of the nonjudicial punishment he received while serving in Saudi Arabia and an envelope showing his name and unit of assignment while in Saudi Arabia.

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.  On 5 July 1989, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty 88M (Motor Transport Operator).

3.  On 15 November 1989, the applicant departed Fort Dix, New Jersey, for duty at Fort Campbell, Kentucky.

4.  On 7 December 1989, the applicant was assigned as a vehicle driver with the 541st Transportation Company located at Fort Campbell.

5.  The Gulf War Deployment Roster shows the applicant served in Saudi Arabia from 1 October 1990 to 15 April 1991(6 months and 15 days).

6.  On 4 May 1992, the applicant was discharged from active duty.  He completed 2 years and 10 months of creditable active duty service.

7.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show any foreign service.

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, National Defense Service Medal, Air Assault Badge, and Driver and Mechanic Badge.

9.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain an entry showing his deployment to Saudi Arabia.

10.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing the DD Form 214.  It provides for an entry in item 12f of the total amount of foreign service completed during the period covered by the DD Form 214.  It further provides that item 18 will contain the following entry for Regular Army Soldiers deployed with their unit during their continuous period of active service:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

11.  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 participation in the Defense of Saudi Arabia from 2 August 1990 to 16 January 1991, Liberation and Defense of Kuwait from 17 January to 11 April 1991, and the Cease-Fire Campaign from 12 April 1991 to 30 October 1995.

12.  Army Regulation 600-8-22 states the Kuwait Liberation Medal 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.

13.  Army Regulation 600-8-22 states the Kuwait Liberation Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his deployment to Saudi Arabia in support of Operations Desert Shield/Desert Storm.

2.  The evidence of record shows the applicant was deployed to Saudi Arabia from 1 October 1990 to 15 April 1991, a period of 6 months and 15 days.  Therefore, his DD Form 214 should be corrected to show this foreign service in item 12f and his deployed status in item 18.

3.  Records show the applicant served during a qualifying period for award of the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait.  Therefore, his records should be corrected to show these awards.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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.  showing in item 12f of his DD Form 214 the entry "00  06  15";

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

	c.  adding to item 18 the entry "SERVICE IN SAUDI ARABIA FROM 19901001-19910415."



      _______ _ 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)                                         AR20100008188



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ABCMR Record of Proceedings (cont)                                         AR20100008188



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