IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100019418 


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 Kuwait and to show all his medals and awards.

2.  The applicant states his DD Form 214 does not show his service in Kuwait or all of his medals and awards.

3.  The applicant provides no additional documents.

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 enlisted in the Regular Army on 3 June 1993 and upon completion of initial training he was awarded the military occupational specialty 45E (M-1 Tank Turret Mechanic).  He was honorably released from active duty on 2 June 1996 by reason of completion of required active service.

3.  Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

4.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) for service in Kuwait from 22 August 1995 through 31 October 1995.

5.  The Defense Manpower Data Center (DMDC) 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 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.  This database shows the applicant served in Southwest Asia (SWA) from 1 September 1995 to 31 October 1995.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provides standardized policy for the preparation of the DD Form 214 and states:

	a.  that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f;

	b.  that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered in item 13;

	c.  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)" will be entered in item 18 (Remarks).

7.  Army Regulation 600-8-22 states the SWA Service Medal (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)

DISCUSSION AND CONCLUSIONS:

1.  The Desert Shield/Storm Data Base confirms the applicant served in SWA from 1 September 1995 to 31 October 1995.  DFAS records confirm he received HF/IDP during this time frame.

2.  Although the dates provided by DFAS are slightly different than the dates in the Desert Shield/Storm Data Base, both dates are within the same general time frame.  Therefore, information contained in the Desert Shield/Storm Data Base appears to be correct and is sufficient evidence to correct his records to show his service in SWA from 1 September 1995 to 31 October 1995 (2 months).

3.  Based on his service in SWA, he is entitled to the SWASM.  Additionally, he participated in one campaign while in SWA; therefore, he is also entitled to one bronze service star for wear on the SWASM and to correct 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.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "00  02  00";

	b.  adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star; and 

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19950901 - 19951031."



      _______ _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)                                         AR20100019418



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ABCMR Record of Proceedings (cont)                                         AR20100019418



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