BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100014657 


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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 
9 January 1995 to show his deployment in Southwest Asia.  He also requests all awards and decorations to which he may be entitled for this service.

2.  The applicant states his DD Form 214 for the period ending 9 January 1995 does not show his dates of service during Operation Desert Storm or the medals awarded during that period.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
9 January 1995.

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.  Having prior active service and inactive service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 8 March 1984.  He served as a counter intelligence agent and ground surveillance systems operator.  On 9 January 1995, he was honorably discharged by reason of completion of required active service.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 
9 January 1995 shows the Army Commendation Medal (3rd Award), Army Achievement Medal (3rd Award), National Defense Service Medal, Army Good Conduct Medal (3rd Award), Noncommissioned Officer Professional Development Ribbon with Numeral 2, Overseas Service Ribbon with Numeral 2, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Pistol Bar (9mm), and the Driver and Mechanic Badge with Driver "W" Bar.  Item 18 of this DD Form 214 does not show any deployments.

4.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 and one record for each Reserve and National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm.

5.  The Operations Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 October 1990 to 15 May 1991 and from 1 August 1992 to 31 October 1992.

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


7.   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.

8.   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.

9.  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.  The regulation also 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.

DISCUSSION AND CONCLUSIONS:

1.  The entry from the DMDC is accepted as sufficient evidence in which to amend item 18 of the applicant’s DD Form 214 for the period ending 9 January 1995 to show his dates of service in Southwest Asia.  Therefore, item 18 of this DD Form 214 should be corrected to show he served in Southwest Asia from 
1 October 1990 to 15 May 1991 and from 1 August 1992 to 31 October 1992.

2.  Based on the applicant's service in Southwest Asia, he is authorized the SWASM with three bronze service stars, KLM-SA, and the KLM-KU.  Therefore, his DD Form 214 for the period ending 9 January 1995 should be corrected 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 the evidence presented is 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 for the period ending 9 January 1995 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Kuwait; and

	b.  adding to item 18 of his DD Form 214 for the period ending 9 January 1995 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910515 and 19920801-19921031."



      __________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)                                         AR20100014657



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ABCMR Record of Proceedings (cont)                                         AR20100014657



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