BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100019941 


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) for the period ending 16 June 1991 to show he served in Southwest Asia (SWA) from 18 October 1990 to 19 May 1991.

2.  The applicant states the current dates on his DD Form 214 incorrectly show the entry "911018 to 910519" (18 October 1991 to 19 May 1991).

3.  The applicant provides copies of:

* his DD Form 214
* unit orders to active duty
* an undated memorandum notifying him his unit had been ordered to active duty
* a Certificate of Achievement awarded by the U.S. Army Central Command

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 October 1984 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 76V (Materiel Storage & Handling Specialist).   

3.  On 2 October 1987, the applicant was released from active duty and he transferred to a troop program unit (TPU) of the U.S. Army Reserve (USAR).  

4.  The applicant's unit was ordered to extended active duty effective 
27 September 1990.  His name is included on the by-name roster attached to the orders.

5.  On 16 June 1991, the applicant was honorably released from active duty.  He had completed 8 months and 20 days of active service this period.  His DD form 214 contains the following entries:

	a.  Item 12f (Foreign Service) shows he served 7 months and 2 days of foreign service.

	b.  Item 18 (Remarks) contains the entry "SERVICE IN SWA 911018 TO 910519."

6.  Based on his service in SWA, he is authorized additional awards that are not listed in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) shows the following awards were authorized for SWA service during the applicant's period of service in SWA:

	a.  The Southwest Asia Service Medal was awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield and 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)
	b.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995 and was 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 Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and was 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.

8.  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 block 18.

DISCUSSION AND CONCLUSIONS:

1.  The beginning date of his deployment, 18 October 1991, in the entry for his service in SWA in Item 18 is clearly in error because he was released from active duty on 16 June 1991.

2.  Item 12f shows he served 7 months and 2 days foreign service.  Based on the period of active duty covered by the DD Form 214, it is reasonable to conclude he spent this time in SWA.  Therefore, subtracting 7 months and 2 days from the ending date of the deployment, 19 May 1991, shows the beginning date of his deployment should be 17 October 1990 (to be shown as 19901017 on his 
DD Form 214).

3.  Therefore, the entry in item 18 of his DD Form 214 should be corrected to read "Service in Southwest Asia From 19901017 - 19910519."

4.  Based on his service in SWA he is authorized the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Government of Kuwait
* Kuwait Liberation Medal - Saudi Arabia


BOARD VOTE:

____x__  ____x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 amending his DD Form 214 with a separation date of 16 June 1991.

	a.  Item 13 - show he is authorized the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Government of Kuwait
* Kuwait Liberation Medal - Saudi Arabia

	b.  Item 18 - delete:  SERVICE IN SWA 911018 TO 910519
				    add:      SERVICE IN SOUTHWEST ASIA FROM 19901017 - 19910519.





      _________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)                                         AR20100019941



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019941



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1