BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100015472
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 her DD Form 214 (Certificate of Release or Discharge) to show any awards she is authorized for serving in Saudi Arabia during Operation Desert Storm.
2. The applicant states she served in Saudi Arabia with the 44th Medical Brigade, Corps Support Command (COSCOM) and believes the unit received other awards, citations, and medals that are not shown on her DD Form 214.
3. The applicant provides a copy of her DD Form 214 for the period ending
28 February 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 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 28 February 1978. She served until she was honorably retired by reason of voluntary early retirement on
28 February 1995, having completed 17 years and 1 day of total active service. The highest rank/grade she attained was sergeant (SGT)/E-5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:
* Overseas Service Ribbon (2 awards)
* Army Achievement Medal (2 oak leaf clusters)
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal
* Multinational Forces and Observers Medal
* Army Superior Unit Award
3. Her record contains the following:
a. a DD Form 173/2 (Joint Message Form), Subject: Request for LOD [line of duty] which shows she served with the 257th Medical Detachment attached to the 44th Medical Brigade in Saudi Arabia in 1990; and
b. a DA Form 638 (Recommendation for Award) which shows she received the Army Achievement Medal for the period 18 September 1990 to 16 January 1991 while assigned to the 44th Medical Brigade.
4. 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. The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia from 1 September 1990 to 20 April 1991 in military occupational specialty (MOS) 71G (Patient Administration Specialist).
5. Department of the Army General Order (DAGO) 27, dated 27 December 1994, award the 44th Medical Brigade the Meritorious Unit Commendation for the period 12 August 1990 to 29 April 1991.
6. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards. The regulation provides:
a. The Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/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 the:
* 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)
b. 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.
c. 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. Evidence shows the applicant served a qualifying period in a designated location and participated in three campaigns. Therefore, she is entitled to the SWASM with three bronze service stars, KLM-SA, and the KLM-KU.
2. General orders awarded her unit the Meritorious Unit Commendation during her period of assignment. Therefore, she is entitled to correction of her DD Form 214 to show this unit 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 adding to item 13 of her DD Form 214 the:
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
* Meritorious Unit Commendation
___________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) AR20100015472
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ABCMR Record of Proceedings (cont) AR20100015472
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