BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100018287 


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:

* a service star for his already-awarded Southwest Asia Service Medal (SWASM)
* Kuwait Liberation Medal (KLM)
* National Defense Service Medal (NDSM)

2.  He states he served during the qualifying periods for the KLM and the NDSM. He adds he is also entitled to a service star for his SWASM for the Defense of Saudi Arabia from 2 August 1990 to 16 January 1991. 

3.  He provides a copy of his DD Form 214 and a DD Form 215 (Correction to 
DD Form 214), dated 21 January 2010.

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 2 May 1990. He was honorably released from active duty on 21 February 1991 under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), chapter 6-3b, by reason of hardship.  He completed 9 months and
20 days of net active service during this period.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  Item 12f (Foreign Service) of his DD Form 214 contains the entry "00  00  00" that indicates he did not serve any foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All Periods of Service)) of his DD Form 214 shows the Army Service Ribbon and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Additionally, his DD Form 215 shows his DD Form 214 was corrected to add the SWASM.

5.  The Desert Shield/Storm Database shows he served in Saudi Arabia from
1 October 1990 to 15 February 1991 for a period of 138 days, that equates to
4 months and 15 days of foreign service.

6.  Item 18 (Remarks) does not show any foreign service completed during his military service.

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 KLM 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 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.

10.  Army Regulation 600-8-22 provides that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 
1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

11.  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:

	a.  item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period); and

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The Desert Shield/Storm Database confirms the applicant served in Saudi Arabia from 1 October 1990 to 15 February 1991 for a period of 4 months and 15 days.  He was also awarded the SWASM.  Additionally, he participated in two campaigns during this period of service.  Therefore, he is entitled to correction of items 12f and 18 of his DD Form 214 to show his foreign service.  He is also entitled to two bronze service stars for wear on his already-awarded SWASM and correction of his DD Form 214 to show these bronze service stars.

2.  His service in Southwest Asia also qualifies him for award of the KLM-KU and the KLM-SA.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He honorably served during a qualifying period for award of the NDSM.  Therefore, he is entitled to correction of his DD Form 214 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:

	a.  voiding the DD Form 215 issued on 21 January 2010;

	b.  deleting from item 12f of his DD Form 214 the entry "00  00  00" and replacing it with the entry "00  04  15";

	c.  adding to item 13 of his DD Form 214 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Kuwait
* Kuwait Liberation Medal - Saudi Arabia
* National Defense Service Medal

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 901001-910215.



      __________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)                                         AR20100018287



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ABCMR Record of Proceedings (cont)                                         AR20100018287



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