IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100015321
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) to show he was deployed to a combat zone during the Persian Gulf War.
2. The applicant states he was deployed to the combat zone for the entire Persian Gulf War and believes this fact should be reflected 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 applicants 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 applicants 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 21 November 1985. He was trained in and awarded military occupational specialty (MOS) 13B (Cannon Crewmember) and he served in that MOS until he was honorably released from active duty discharged on 28 December 1992 under the enlisted early transition program. He completed 7 years, 1 month, and 8 days of total active service.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 includes the Southwest Asia Service Medal with three bronze service stars and Kuwait Liberation Medal - Saudi Arabia.
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:
* item 5 (Oversea Service) he served in Saudi Arabia from 7 December 1990 to 24 April 1991
* item 27 (Remarks) the entry "DUTY IN IMMINENT DANGER PAY AREA [Southwest Asia (SWA)]" and the dates 7 December 1990 to 24 April 1991
* item 35 (Record of Assignments) he was assigned for duty with
1st Squadron, 2d Armored Cavalry Regiment (ACR) from on or about 9 August 1990 to on or about 15 January 1992
5. Army Regulation 635-5 (Personnel Separations - 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. It states that for an active duty Soldier deployed to a foreign country 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.
6. A review of the applicant's records indicates entitlement to additional awards and decorations for his service in SWA that are not shown on his DD Form 214.
7. Department of the Army General Order 27, dated 1994, announced award of the Valorous Unit Award (VUA) to 1st Squadron, 2d ACR for its service during the period 23 to 26 February 1991.
8. Army Regulation 600-8-22 (Military Awards) 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 served in Southwest Asia during Operations Desert Shield and Desert Storm. His period of service was from 7 December 1990 to 24 April 1991. Therefore, his DD Form 214 should be corrected to reflect this deployed service.
2. The applicant's unit was cited for award of the VUA during his period of assignment. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. The applicant served during a qualifying period for the KLM-KU. Therefore, his DD Form 214 should be corrected to corrected to show this foreign award.
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. adding to item 13 of his DD Form 214 the Valorous Unit Award and the Kuwait Liberation Medal - Kuwait; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901207 - 19910424."
__________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) AR20100015321
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100015321
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100029041
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Southwest Asia during Operations Desert Shield/Storm. The applicant provides his DD Form 214. It further shows in: a. item 12f (Record of Service - Foreign Service) that he completed 2 years, 6 months, and 15 days of foreign service; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that among...
ARMY | BCMR | CY2011 | 20110005669
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Valorous Unit Award (VUA) * Kuwait Liberation Medal - Saudi Arabia (KLM-SA) * Kuwait Liberation Medal - Kuwait (KLM-KU) 2. Army Regulation 600-8-22 (Military Awards): a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards already shown on his DD Form 214,...
ARMY | BCMR | CY2003 | 2003083450C070212
The applicant requests that his report of separation (DD Form 214) be corrected to reflect his awards of the Good Conduct Medal (GCMDL), the Army Commendation Medal (ARCOM), the Kuwait Liberation Medal (KULM), the Southwest Asia Service Medal (SWASM), the National Defense Service Medal (NDSM), the Valorous Unit Award (VUA) and his Certificates of Achievement and Commendation. The DD Form 214 issued to him at the time of separation indicates that he served 2 years, 5 months and 6 days of...
ARMY | BCMR | CY2011 | 20110008065
Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. 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)"...
ARMY | BCMR | CY2013 | 20130021036
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) * Valorous Unit Award (VUA) * All other awards he may be entitled to * Correct date of Food Service Course to August 1990 vice November 1990 2. A certificate, dated 13 December 1992, contained in the applicant's official military personnel file (OMPF), awarded him the AAM for meritorious...
ARMY | BCMR | CY2011 | 20110008427
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of items 12f (Foreign Service) and 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment dates in Southwest Asia. The entry from the DMDC is accepted as sufficient evidence with which to amend items 12f and 18 of his DD Form 214 to show his dates of service in Southwest Asia.
ARMY | BCMR | CY2012 | 20120022790
Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is 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. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in Southwest Asia. Therefore, his DD Form 214 should be corrected to show these...
ARMY | BCMR | CY2012 | 20120001034
The applicant requests: a. his dates of service in Southwest Asia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty); and b. any awards to which he may be entitled for this service. The applicant states: * He was deployed during Operation Desert Storm * None of his awards or his service time in Southwest Asia is shown on his DD Form 214 * He needs this information corrected so he can file for Department of Veterans Affairs benefits 3. The entry from the DMDC...
ARMY | BCMR | CY2010 | 20100030077
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record also shows he served in the Persian Gulf from 28 August 1990 to 27 March 1991, as evidenced by an entry on the Operation Desert Shield/Storm Personnel Roster.
ARMY | BCMR | CY2008 | 20080005680
The applicant requests that the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Based upon the information contained on the Desert Shield/Desert Storm Data Base, item 18 of the applicant's DD Form 214 should be amended to add his service in Southwest Asia from 1 October 1992 to 31 December 1991 and item 12f should be amended to show he served 9 months and 4 days of foreign service. As a...