IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100021180 


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 record to show he was deployed with his unit from 27 December 1990 to 24 February 1991 during Operation Desert Shield/Storm.

2.  The applicant states the Department of Veterans Affairs has denied his claims for benefits because he has no proof of his service in Operation Desert Shield/ Storm.

3.  The applicant provides copies of:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* his DD Form 215 (Correction to DD Form 214)
* a DA Form 3686 (JUMPS-Army Leave and Earnings Statement) for the period 1 to 31 March 1991

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 16 February 1982.  After completing initial entry training, he was awarded military occupational specialty 11B (infantryman), in which he served throughout his Army service.  He was honorably discharged on 13 April 1992 after completing 10 years, 1 month, and 28 days of active service.

3.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  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.  The database shows he was deployed with the 1st Armored Division from 1 January 1991 through 30 April 1991.  

4.  The 1st Armored Division's website includes a brief history of the division's role in Desert Shield/Storm.  The history shows the division had moved Soldiers and equipment into Saudi Arabia prior to entering Iraq on 24 February 1991.  

5.  The DA Form 3686 provided by the applicant shows:

* he was authorized family separation allowance (FSA) on 26 December 1990
* his FSA was stopped on 24 February 1991
* his FSA was for Desert Shield service

6.  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 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 block 18 (Remarks) of the DD Form 214.

7.  Review of the applicant's records indicates entitlement to decorations that are not shown in item 13 (Decorations, Medals Badges, Citations and Campaign Ribbons or Authorized) of his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia 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)

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 states the Kuwait Liberation Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his record to show he was deployed with his unit during Operation Desert Shield/Storm.

2.  The Desert Shield/Storm Database shows he was deployed with the 1st Armored Division from 1 January 1991 through 30 April 1991.  However, the DA Form 3686 he provides indicates he was deployed on or about 26 December 1990, the date he began receiving FSA, and returned on or about 24 February 1991, the date his FSA was stopped.

3.  The history of the 1st Armored Division shows elements of the division deployed to Saudi Arabia prior to entering Iraq.  Accordingly, it would be appropriate to correct his record to show he served in Saudi Arabia from 26 December 1990 to 24 February 1991.  

4.  The record shows the applicant participated in Desert Shield.  His service coincided with two campaigns:  Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and Liberation and Defense of Kuwait (17 January to 11 April 1991).  Therefore, he is entitled to correction of his record to show the SWASM with two bronze service stars.

5.  The applicant served a qualifying period of service for the KLM-SA and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these medals.

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

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

	b.  adding to item 18 of his DD Form 214 the statement "SERVICE IN SAUDI ARABIA FROM 19901226 - 19910224."



      ____________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)                                         AR20100021180



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ABCMR Record of Proceedings (cont)                                         AR20100021180



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