BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100011896 


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 in Southwest Asia from 16 July 1991 to 21 November 1991.  

2.  The applicant states she served in Southwest Asia but her DD Form 214 does not show this period of service. 

3.  The applicant provides the following documentary evidence:

* Leave and Earning Statements (LES) for the months of August, September, and October 1991
* Officer Evaluation Report (OER) for the period 16 July 1991 through 21 November 1991
* DD Form 214, dated 31 May 1992

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 record shows she was appointed as an Army Nurse Corps in the U.S. Army Reserve and entered active duty on 9 September 1986.  She served in various staff or leadership position and attained the rank of captain (CPT).

3.  Her OER for the period 16 July 1991 through 21 November 1991 shows she was assigned to the 21st Evacuation Hospital in Southwest Asia as a nurse practitioner.  Additionally, her August, September, and October LES show she received danger pay at the rate of $150.00 per month for each of the 3 months. 

4.  Her name is shown on the Gulf War roster as having served in Southwest Asia from 1 August 1991 to 30 September 1991. 

5.  She was honorably released from active duty on 31 May 1992 and she was transferred to the U.S. Army Reserve Control Group.  Her DD Form 214 shows the following entries:

	a.  Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Navy Citation Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

	b.  Item 18 (Remarks) of his DD Form 214 does not show service in an imminent danger pay/hazardous fire pay area. 

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 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 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 on the Southwest Asia Service Medal for participation in each of the following credited campaigns: 

* 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 (Saudi Arabia) 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.  The Kuwait Liberation Medal (Kuwait) 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 evidence of record shows she served in Southwest Asia from 16 July 1991 to 21 November 1991 as evidenced by her OER and LESs.  Therefore, her DD Form 214 should be corrected to show this period of service in item 18.  

2.  Additionally, this period of service in Southwest Asia is a qualifying period for awards of the Southwest Asia Service Medal [with one service star to designate her participation in the Cease-Fire Campaign (12 April 1991 to 30 November 1995)], the Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).  Therefore, she is entitled to correction of her 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:

* Adding to item 14 of her DD Form 214 the Southwest Asia Service Medal with a bronze service star, the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait)
* Adding to item 18 of her DD Form 214 the entry "Service in Southwest Asia 19910716 - 19911121"



      _______ _  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)                                         AR20100011896





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ABCMR Record of Proceedings (cont)                                         AR20100011896



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