IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100015011 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM).

2.  The applicant states he served with the 801st Maintenance Battalion with the 101st Airborne Division and was deployed to Saudi Arabia.  He contends that he was never awarded the SWASM.

3.  The applicant provides a copy of his DD Form 214 and photocopies of pictures purporting to be him in Saudi Arabia.

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 records show the following:

Event
Dates
Enlisted in the Regular Army 
13 June 1986
Assigned to 801st Maintenance Battalion, Fort Campbell, Kentucky
2 March 1990
Deployed to Saudi Arabia in support of Desert Shield/Desert Storm
9 September 1990 to 11 April 1991
Returned to U.S.
On or about 12 April 1991
Released from active duty 
23 May 1991

3.  The applicant's DD Form 214 shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon, Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Army Lapel Button, Army Achievement Medal, and the National Defense Service Medal; and

	b.  Item 18 (Remarks):  No entry for deployments for this period of service.

4.  Permanent Orders 154-053, Headquarters, 101st Airborne Division dated 21 August 1990, awarded the applicant the Air Assault Badge based on successful completion of the standard air assault course.

5.  Defense Finance and Accounting Service (DFAS) records show that the applicant received imminent danger pay for service in Saudi Arabia from 1 October 1990 to 11 April 1991.

6.  Army Regulation 635-5 (Separation Documents), as amended subsequent to the applicant's separation, 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)."

7.  Army Regulation 600-8-22 (Military Awards) states the SWASM 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 each credited campaign.  Approved designated campaigns are:

* 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)

8.  Army Regulation 600-8-22 states 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.

9.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the SWASM.

2.  The evidence of record clearly shows that the applicant was deployed to Saudi Arabia in support of Desert Shield/Desert Storm from 9 September 1990 to 11 April 1991.  Therefore, his records should be corrected to show award of the SWASM with two bronze service stars.

3.  The available evidence shows that the applicant served during a qualifying period for award of the KLM-SA and the KLM-KU.  Therefore, these two foreign awards should be shown on his DD Form 214.

4.  Permanent orders awarded the applicant the Air Assault Badge.  Therefore, this badge should be shown on his DD Form 214.

5.  Furthermore, Item 18 of his DD Form 214 should be corrected to reflect the location and dates of his deployment.



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:

	a.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal (KLM-SA), Kuwait Liberation Medal 
(KLM-KU), and the Air Assault Badge; and

	b.  adding in Item 18 of his DD Form 214 the entry:  SERVICE IN SAUDI ARABIA FROM 19900909-19910411.



      _____________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)                                         AR20100015011





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ABCMR Record of Proceedings (cont)                                         AR20100015011



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