BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019999 


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 missing awards and combat service. 

2.  The applicant states his DD Form 214 is missing combat tours and medals he did not receive.

3.  The applicant provides no additional documentary evidence.

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 30 August 1988.  He completed initial entry training and he was awarded the military occupational specialty 11B (infantryman).  He was advanced to the rank/grade of private first class (PFC)/
E-3 effective 1 September 1989.

3.  He was honorably discharged on 22 February 1991.  He completed 2 years,
5 months, and 17 days of total active service.  His DD Form 214 is void of any entries showing combat or deployed service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Army Lapel Button, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.

5.  Headquarters, Joint Task Force - South, Permanent Orders 3-1, dated 7 January 1990, awarded him the Combat Infantryman Badge for service on 7 January 1990. 

6.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War.  This list contains the applicant's name and shows he served in Saudi Arabia during the period 1 August 1990 to 15 February 1991.

7.  An endorsement to a memorandum subject: Separation under the Provisions of Chapter 5-13, Army Regulation 635-200 (Personality Disorder), dated 22 January 1991, states the applicant was returned from Saudi Arabia because he was a heat casualty and had manifested a mental instability.  It further recommended his discharge.

8.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service between 2 August 1990 through 30 November 1995.

9.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).


10.  Army Regulation 600-8-22 states that the Kuwait Liberation Medal-Kuwait is awarded by the Government of Kuwait to members of the Armed Forces of the United States and was authorized by the Department of Defense on 7 August 1995.  It is awarded to members of the Armed Forces of the U.S. who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993 in one or more of the following areas: the Arabian Gulf; the Red Sea; the Gulf of Oman; that portion of the Arabian Sea that lies north of 
10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates.

11.  Army Regulation 600-8-22 states that the Kuwait Liberation Medal-Saudi Arabia is awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States and was authorized by Department of Defense on 3 January 1992.  It is awarded to members of the Armed Forces of the U.S. who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991 in one or more of the following areas: Persian Gulf; Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.

12.  Army Regulation 635-5, in effect at the time, did not provide for deployments to be recorded on the Soldier's DD Form 214; however, the current version of the regulation prescribes that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Evidence indicates he served during a period of qualifying service authorized for the National Defense Service Medal.  As such, it would be appropriate to add this award to his DD Form 214.

3.  The Gulf War Roster indicates he served in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to qualify for award of the Southwest Asia Service Medal.  Evidence indicates he participated in the 


Defense of Saudi Arabia (2 August 1990 to 16 January 1991) campaign.  However, based on the date of the endorsement to a memorandum, dated 22 January 1991, which indicated he was returned from Saudi Arabia, it is not possible to determine exactly when he departed Saudi Arabia/Southwest Asia.  As such, it would be appropriate to correct his DD Form 214 to show the Southwest Asia Service Medal with one bronze service star.

4.  The available evidence indicates he completed a qualifying period of service for award of the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to have his records corrected to show this award.

5.  While evidence indicates he was deployed in support of Operation Desert Shield/Storm, evidence is insufficient to determine if he served in Southwest Asia during a qualifying period and geographic area authorized for award of the Kuwait Liberation Medal-Saudi Arabia.  As such, it does not appear that he is entitled to this award.

6.  It is understandable that he would like his combat time shown on his DD Form 214.  Evidence indicates he was in fact in a hostile fire area and his award of the Combat Infantryman Badge indicates he was also engaged with the enemy.  However, the duration of his deployments is not a matter of record.  Evidence indicates he served in Southwest Asia during Desert Shield/Desert Storm.  However, it is not possible to determine the exact period of time he served there.  As such, it would not be appropriate to record any deployed service on his DD Form 214 at this time.  If the applicant can provide corroborating evidence to confirm his inclusive dates and location of his deployed service he can submit such documents for consideration.

7.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_  ____x____  ___x_____  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 partial 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 his DD Form 214 the:

* National Defense Service Medal
* Combat Infantryman Badge
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal-Kuwait

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to listing his combat service time in item 18 of his DD Form 214.



      __________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)                                         AR20100019999



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ABCMR Record of Proceedings (cont)                                         AR20100019999



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