IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100014048 


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 reconsideration of his previously denied request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of deployment to the Persian Gulf [Southwest Asia] and the receipt of any awards or decorations to which he is entitled as a result of this service in the country of Iraq while assigned to Battery B, 3rd Battalion, 8th Field Artillery Regiment, XVIII Airborne Corps.  He also requests correction of his record to show his participation in maneuvers in Canada.

2.  He states, in effect, although he deployed overseas to SWA, no foreign service is shown on his DD Form 214 or in his DA Form 201 (Military Personnel Records Jacket (MPRJ)).  He also states he desires to have his records reflect this and the awards and decorations he should have received as a result of this deployment.  He further states his MPRJ also does not show his participation in maneuvers in Canada for approximately 2 weeks in either late 1992 or early 1993.  He concludes he needs his records correct for peace of mind, employment advancements, and the Gulf War Registry for disabled veterans.  

3.  He provides copies of a Headquarters, XVIII Airborne Corps, Saudi Arabia Operation Desert Storm Certificate and an article in The Mount Vernon Optic-Herald, dated 25 April 1991.  Although he states he provided a copy of a Leave and Earnings Statement showing pays associated with deployment to a hostile fire area, it was not enclosed with his request.



COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  A Member of Congress requests reconsideration of the applicant's previously denied application.  He further requests a written response so he can share the results with the applicant.

2.  The Member of Congress provides a copy of the applicant's previously denied request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080013996 on 18 November 2008.

2.  The applicant enlisted in the Regular Army on 1 May 1990.  Upon completion of initial entry training, he was awarded military occupational specialty 13B (Cannon Crewmember).  The highest rank he attained while serving was private first class/pay grade E-3.

3.  His record contains Permanent Orders 52-055 issued by Headquarters, 573d Personnel Service Company, Fort Bragg, NC on 12 April 1993 which show he was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency and fidelity during the period 1 May 1990 to 30 April 1993.

4.  His DD Form 214 shows he was released from active duty with an honorable characterization of service on 18 May 1993 and transferred to U.S. Army Reserve Control Group (Reinforcement).  This form also shows the following pertinent information:

	a.  Item 12f (Foreign Service) indicates he did not serve overseas for any period of time;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) shows award or authorization for the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, and the Expert Marksmanship Badge with Rifle Bar [M-16]; and

	c.  Item 18 (Remarks) of this form does not show he served overseas for any period of time.

5.  He provides a copy of a Headquarters, XVIII Airborne Corps, Saudi Arabia Operation Desert Storm Certificate indicating that he served with distinction to achieve the freedom from tyranny in support of Operation Desert Storm.  This certificate does not contain his inclusive dates of service in SWA.

6.  He provided a copy of an article from the The Mount Vernon Optic-Herald which reports that a welcome home salute was given in honor of him and two other Soldiers on 18 April 1991, following his return from service in the liberation of Kuwait.

7.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.

8.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 1 September 1990 to 12 April 1991, a period of 7 months and 12 days.

9.  His record is void of any evidence and he has not provided any evidence showing he served in Canada for any duration of time.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (Kuwait Liberation Medal-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.  This 
regulation also provides the Kuwait Liberation Medal awarded by the Government of Kuwait (Kuwait Liberation Medal-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.

11.  Army Regulation 600-8-22, in pertinent part, 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 the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).



12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that:

	a.  for item 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period);

	b.  for item 13, enter all decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service; and

	c.  for item 18, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his period of deployment to SWA, the receipt of any awards or decorations to which he is entitled as a result of this deployment, and his participation in maneuvers in Canada were carefully considered and determined to have partial merit.

2.  The Desert Shield/Storm Data Base shows he served in Southwest Asia during the period 1 September 1990 to 12 April 1991, a period of 7 months and 12 days.  Based on the foregoing, it would be appropriate to amend his DD Form 214 to show this period of overseas service.

3.  Permanent orders show he was awarded the Good Conduct Medal (1st Award) for the period 1 May 1990 to 30 April 1993.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to award of these medals and to have his DD Form 214 corrected to show these medals.

5.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of the Southwest Asia Service 


Medal.  Evidence also shows he participated in two campaigns while serving in Southwest Asia.  Therefore, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars and to have his records corrected to show this award.

6.  His record is void of any evidence and he has not provided any evidence showing he served in Canada for any duration of time.  Therefore, he is not entitled to correction of his record to show this service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_____X__  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to his request for reconsideration, the Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080013996, dated 18 November 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  deleting the current entry in item 12f and adding the entry “0000  07  12”;

	b.  adding the following entry to item 13:  "GOOD CONDUCT MEDAL (1ST AWARD)//KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT//SOUTHWEST ASIA SERVICE MEDAL WITH TWO BRONZE SERVICE STARS"; and

	c.  adding the following entry in Block 18 of his DD Form 214:  “SERVICE IN SOUTHWEST ASIA FROM 19900901-19910412.”

2.  In regard to his new issue, the Board 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 his participation in maneuvers in Canada.



      _______ _   _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)                                         AR20100014048





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014048



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1