IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100017656 


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 his service in Southwest Asia and all related medals and decorations. 

2.  The applicant states his DD Form 214 shows he served during the Gulf War era.  This is wrong.  He served for a period of 4 months in a combat theater in support of Operation Desert Storm.  

3.  The applicant provides:

* DD Form 214
* Orders 202-510 (Temporary Change of Station (TCS))
* Orders 054-518 (Amendment of TCS Orders)
* Orders 112-02 (Attachment Orders)
* DA Form 4600 (Travelope - Port Call and Travel Information)
* DA Form 4856 (General Counseling Form)
* DA Form 638 (Recommendation for Award)
* Certificate of Achievement

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 he enlisted in the Regular Army on 28 March 1991 and held military occupational specialty 31M (Multichannel Transmission Systems Operator). 

3.  His records also show he completed 1 year, 3 months, and 1 day of overseas service in Korea from 11 October 1991 to 11 January 1993.  He was subsequently reassigned to Fort Monmouth, NJ, and Fort Gordon, GA. 

4.  On 21 July 1993, Headquarters, U.S. Army Signal Center, Fort Gordon, GA, published Orders 202-510 directing the applicant's reassignment/deployment to Saudi Arabia and attachment to the U.S. Army Forces Central Command in support of Operation Desert Storm for a period of 160 days and proceed date of on or about 27 July 1993.

5.  On 23 July 1993, he was issued port call instructions directing him to report to the Air Mobility Command, Philadelphia, PA, no later than 27 July 1993 for travel to Dhahran, Saudi Arabia. 

6.  On 4 August 1993, he received an initial counseling regarding his conduct while deployed in Saudi Arabia as a member of the 235th Signal Company. 

7.  On 26 August 1993, Headquarters, U.S. Army Forces Central Command - Saudi Arabia, published Orders 112-02 further attaching him to the 6th Battalion, 43rd Air Defense Artillery, effective 14 August 1993. 

8.  On 16 November 1993, he was awarded a certificate of achievement for meritorious service while deployed to Southwest Asia in a combat theater of operations. 

9.  On 11 December 1993, Headquarters, U.S. Army Forces Central Command - Saudi Arabia, published Permanent Order Number 74-02 awarding him the Army Achievement Medal for meritorious achievement while deployed to Southwest Asia from 28 July 1993 to 21 December 1993.

10.  He was honorably released from active duty on 28 December 1994 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  The DD Form 214 he was issued shows he completed 3 years, 9 months, and 1 day of creditable active service, of which 1 year, 3 months, and 1 day was foreign service shown in item 12f (Foreign Service).  

11.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver - W Bar
* Driver and Mechanic Badge with Operator - S Bar

12.  Item 18 (Remarks) does not show service in an imminent danger pay/hazardous fire pay area. 

13.  The applicant's name is shown on the Gulf War Roster as having served in Southwest Asia from 1 July 1993 to 31 December 1993.

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

	a.  The Southwest Asia Service Medal is awarded to Soldiers 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), and Cease-Fire Campaign (12 April 1991 to 30 November 1995).  

	b.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.



	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12f shows the total amount of foreign service covered by the DD Form 214.  Item 18 shows various entries including, 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)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in Southwest Asia and all related medals and decorations.

2.  With respect to his foreign service, the evidence of record shows he completed 1 year, 3 months, and 1 month of foreign service in Korea and 4 months and 14 days of foreign service in Southwest Asia for a total of 1 year, 7 months, and 17 days of foreign service.  Therefore, he is entitled to correction of his DD Form 214 to show the correct period of foreign service.

3.  The evidence of records shows the applicant completed 4 months and 14 days of foreign service in Southwest Asia from 28 July 1993 to 21 December 1993.  This period of service is consistent with the entry on the Gulf War Roster.  Therefore, he is entitled to show this deployment on his DD Form 214.  

4.  His service in Southwest Asia qualifies him for award of the Southwest Asia Service Medal and Kuwait Liberation Medal (Kuwait).  Additionally, he participated in the Cease Fire campaign during his service in Southwest Asia and should be entitled to a bronze service star to be affixed to the Southwest Asia Service Medal and correction of his records to show these awards.

5.  The evidence of record shows he served in Korea from 11 October 1991 to 11 January 1993; therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this 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:

* Deleting from item 12f of his DD Form 214 the entry "0001  03  01" and adding the entry "0001  07  17"
* Adding to item 13 of his DD Form 214 the Kuwait Liberation Medal (Kuwait), the Korea Defense Service Medal, and the Southwest Asia Service Medal with one bronze service star
* Adding to item 18 of his DD Form 214 the entry "Service in Southwest Asia from 28 July 1993 to 21 December 1993"



      _______ _   _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)                                         AR20100017656



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ABCMR Record of Proceedings (cont)                                         AR20100017656



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