IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100014206 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 January 1994 be corrected to show he was deployed during Operation Desert Storm.  He also requests copies of his deployment orders for Desert Storm.

2.  The applicant states, in effect, these entries were not included on his 
DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 17 January 1990 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 76V (Materiel Storage and Handling Specialist).

3.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and   31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

4.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period 13 February 1991 to 13 May 1991.

5.  On 16 January 1994, the applicant was released from active duty.  He had completed 4 years of active service that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the Army Service Ribbon, the National Defense Service Medal, the Overseas Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button.

6.  There are no copies of the applicant's orders for deployment in his official military personnel file (OMPF) on the iPERMS (integrated Personnel Electronic Records Management System).

7.  Army Regulation 600-8-22 (Military Awards) 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:

* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

8.  Army Regulation 600-80-22 states the Kuwait Liberation Medal 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.


9.  Army Regulation 600-80-22 states the Kuwait Liberation Medal 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.

10.  Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 (Remarks) to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his deployment during Desert Storm should be reflected on his DD Form 214.  

2.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 13 February 1991 to 13 May 1991.  Therefore, he is entitled to the Southwest Asia Service Medal with two bronze service stars.

3.  Based on his service in-theater the applicant is also authorized the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Government of Kuwait.

4.  Based on the applicant’s service in Southwest Asia in support of Operations Desert Shield and Desert Storm, it is appropriate to include an entry in item 18 of his DD Form 214 to show his service in Southwest Asia by adding the entry "Southwest Asia Service:  1991/02/13 - 1991/05/13."

5.  Copies of the applicant's deployment orders were not available in the records available for review by the Board.

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 amending item 13 of his DD Form 214 to show he is authorized the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

2.  The Board further recommends item 18 of his DD Form 214 be amended to include the remark, "Southwest Asia Service:  1991/02/13 - 1991/05/13."

3..  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 copies of his deployment orders.  




      _______ _   _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)                                         AR20100014206





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ABCMR Record of Proceedings (cont)                                         AR20100014206



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