BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100008251
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 that his records be corrected to reflect his participation in the Gulf War from 1990 to 1991.
2. The applicant states that he was assigned to B Battery, 3d Battalion, 41st Artillery Brigade when he was deployed to Southwest Asia from 1990 to 1991 in support of Operation Desert Shield/Storm; however, his records do not reflect this deployment.
3. The applicant provides a copy of item 35 (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record Part II).
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 applicant enlisted in the Regular Army on 29 August 1978 and served as a cannon crewmember through a series of continuous reenlistments. He was promoted to the pay grade of E-5 on 1 September 1982 and he served a tour in Korea from 24 September 1982 to 26 September 1983.
3. On 22 August 1990, while assigned to Battery B, 3d Battalion, 41st Field Artillery Regiment at Fort Stewart, Georgia, the applicant deployed to Southwest Asia (SWA) in Support of Operation Desert Shield/Storm. He departed SWA on 31 December 1990 and returned to Fort Stewart, where he remained until he departed for Hawaii on 2 March 1992.
4. On 23 September 1992, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, under the Fiscal Year 1992 Enlisted Voluntary Transition Program and the Special Separation Benefit (SSB). He had served 14 years and 25 days of total active service.
5. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows no indication of his service in SWA and reflects that he was awarded the Army Achievement Medal (3OLC), the National Defense Service Medal, the Good Conduct Medal (4th Award), the Overseas Service Ribbon with numeral 3, and the Noncommissioned Officer Professional Development Ribbon with numeral 2.
6. 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.
7. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.
8. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served in SWA from 28 August to 31 December 1990 and he participated in one campaign. Accordingly, he is entitled to have his records corrected to reflect his service in SWA during that period.
2. Additionally, the applicant is entitled to awards of the SWASM with one bronze service star and the KLM-K for his service in SWA and the KDSM for his service in Korea.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 showing Service in SWA from 900828 901231 in item 18 of his DD Form 214
* By awarding him the SWASM with one bronze service star, the KLM-K and the KDSM.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20100008251
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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