IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010762 


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 deployment to Saudi Arabia and that she was injured during a gas attack while deployed. 

2.  The applicant states she was evacuated from Saudi Arabia due to an injury from a gas attack.  She wants her DD Form 214 updated to reflect this event and to show she served in Saudi Arabia. 

3.  The applicant provides no additional documentation in support of her 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.  On 9 September 1981, the applicant enlisted in the Regular Army.  She completed her initial training and was awarded military occupational specialty 71L (Administrative Specialist).

3.  The applicant served overseas for a total of 4 years, 6 months and 12 days as follows:

	a.  16 months in the Federal Republic of Germany - 22 May 1983-5 October 1984 (1 year, 4 months, and 14 days);

	b.  36 months in Belgium - 4 December 1986-8 December 1989 (3 years and 5 days); and

	c.  deployment to Saudi Arabia - 13 October to 5 December 1990 (1 month and 23 days).

4.  A DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated        25 April 1991, shows that the PEB found the applicant physically unfit for military service with a 40 percent disability rating.  Her disability was based on "failed back syndrome."  The report makes no mention of injury from gas.  

5.  Orders D86-1, U.S. Total Army Personnel Command, Alexandria, Virginia, dated 6 May 1991, released the applicant from active duty because of physical disability incurred while entitled to basic pay effective 27 May 1991, and placed her on the retired list the following day.  

6.  Her DD Form 214 ending on 27 May 1991 shows:

	a.  in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) her awards as the Joint Service Commendation Medal, Army Achievement Medal with one Oak Leaf Cluster, Army Good Conduct Medal (3rd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, and the Expert Marksmanship Qualification Badge with Rifle Bar; and 

	b.  no entry in item 18 (Remarks) for her deployment to Saudi Arabia.



7.  References:

	a.   Army Regulation 635-5 (Separation Documents), as amended subsequent to the applicant's discharge, provides detailed instructions for 
completing separation documents, including the DD Form 214.  It provides that item 18 will contain the following entry for Regular Army Soldiers:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

	b.  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 the campaign, "Defense of Saudi Arabia (2 August 1990 to 16 January 1991).

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show her deployment to Saudi Arabia and that she was injured during a gas attack while deployed. 

2.  The evidence of record clearly shows that the applicant was deployed to Saudi Arabia from 13 October to 5 December 1990.  Therefore, her DD Form 214 should be corrected to show this service.

3.  The applicant's DD Form 214 should also be corrected to show those awards that she is authorized as a result of her service in Saudi Arabia.  Accordingly, the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal (KLM-K) should be shown in Item 13.

4.  There is no evidence of record, and the applicant has not provided any evidence, showing that she was injured as the result of an enemy gas attack.  Furthermore, there are no provisions for recording any such incident on the DD Form 214.  Accordingly, this portion of her request should be denied.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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 partial 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 18 of her DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19901013-19901205" and

	b.  showing, in addition to the awards already shown on her DD Form 214, that her awards include the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal (KLM-K).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing on her DD Form 214 that she was injured by a gas attack while serving in Saudi Arabia.  




      _______ _   _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)                                         AR20100010762





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010762



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1