BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100009085 


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 service in Southwest Asia and associated medals and decorations.

2.  The applicant states he served in Southwest Asia but his DD Form 214 does not list his service.

3.  The applicant provides a copy of the following documents:

* his DD Form 214 for the period ending 1 November 1993
* Orders 179-50, dated 23 July 1990, and amendments
* Orders 280-00438, dated 7 October 1993
* Orders 362-13, dated 28 December 1990

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's records show he enlisted in the Regular Army on 19 July 1983 and held military occupational specialty 76P (Materiel Control and Accounting Specialist).

3.  He served through multiple extension or reenlistments and attained the rank/grade of sergeant (SGT)/E-5.  He was honorably discharged on 1 November 1993 under an early release program.  His DD Form 214 shows the following entries:

	a.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Service Ribbon, Army Lapel Button, Army Good Conduct Medal (3rd Award), Noncommissioned Officer Professional Development Ribbon, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, Overseas Service Ribbon, and Army Achievement Medal (2nd Oak Leaf Cluster).

	b.  Item 18 (Remarks) does not list service in a hostile fire/imminent danger pay (HF/IDP) area.

4.  His name is shown on the Gulf War roster as having served in Southwest Asia from 31 December 1990 to 12 April 1991.

5.  He submitted a copy of Orders 362-13, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 28 December 1990, directing he proceed on temporary duty to the Replacement Center at Fort Jackson, SC, for future movement effective 31 December 1990.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 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.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  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)

	b.  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 1991 and 28 February 1991.

	c.  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 evidence of record shows the applicant served in Southwest Asia during the Gulf War from 31 December 1990 to 12 April 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this period of service.

2.  His service in Southwest Asia also qualifies him for award of the SWASM, KLM-SA, and KLM-KU.  Additionally, he participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on the SWASM.  Therefore, he is entitled to correction of his DD Form 214 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 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 13 of his DD Form 214 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation - Kuwait; and 

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901231 - 19910412."



      ___________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)                                         AR20100009085



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)