IN THE CASE OF:	

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100021794 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in support of Operation Desert Shield/Desert Storm [hereafter referred to as the Gulf War] and all authorized awards for this service.

2.  He states, in effect, he believes his record is unjust because upon his return from the Gulf War in May 1991, he was honorably discharged and the authorized awards were not yet approved. 

3.  He provided:

* his promotion orders to sergeant (SGT)
* a printout from the Global Security website
* a printout from the U.S. Army Center of Military History (CMH) website

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.  He enlisted in the Regular Army on 19 February 1986.  

3.  He provided Orders 000040-010, issued by Headquarters, 2nd Armored Division (Forward), on 26 February 1991.  These orders show he was promoted to the rank of SGT while assigned to A Company, 498th Combat Support Battalion (Forward).

4.  He also provided printouts from the Global Security and CMH websites that show the 2nd Armored Division (Forward) and the 498th Support Battalion (Forward) were among the list of units participating in the Gulf War.  He made an annotation next to the 498th Support Battalion, indicating this as his unit of assignment during the Gulf War.

5.  His DD Form 214 for the period ending 16 July 1991 shows he was honorably released from active duty after serving 5 years, 4 months, and 28 days of net active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Achievement Medal
* Driver and Mechanic Badge 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Air Assault Badge

6.  Item 18 (Remarks) of his DD Form 214 does not contain an entry showing he deployed in support of the Gulf War.

7.  The Army Review Boards Agency maintains the Gulf War Deployment Roster, which contains data on all Army Soldiers who served in the theater of operations between 2 August 1990 and 31 July 1991.  This roster confirms he served in the Southwest Asia Theater of Operations from 6 January to 15 May 1991.   

8.  His record shows he is entitled additional awards that are not shown on his DD Form 214.

9.  A review of his record shows no derogatory information or record of convictions that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  

10.  Army Regulation 600-8-22 (Military Awards) prescribes the policies and guidelines for the issuance of military awards and decorations.  It states, in pertinent part:

   a.  the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified;

   b.  the Kuwait Liberation Medal--Saudi Arabia (KLM-SA) is awarded by the Kingdom of Saudi Arabia and it was approved on 3 January 1992 for members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.  

   c.  the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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; and
   
   d.  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)

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

12.  Paragraph 2-4 of Army Regulation 635-5 states that an active duty Soldier deployed with his or her unit during their continuous period of active service, will have the following statement entered in item 18 of the DD Form 214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

13.  His unit was awarded the Meritorious Unit Commendation (MUC) for achievements during his tenure by Department of the Army General Orders Number 27, dated 27 December 1994.

DISCUSSION AND CONCLUSIONS:

1.  The Gulf War Participants Roster shows he was deployed in support of the Gulf War from 6 January to 15 May 1991.  As a result, he is entitled to the following awards and to have these awards added to item 13 of his 
DD Form 214:

* SWASM with three bronze service stars
* KLM-SA 
* KLM-K 

2.  The evidence of record confirms he served honorably from 19 February 1986 through 16 July 1991.  His record contains no derogatory information or record of court-martial convictions.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to add this award to item 13 of his DD Form 214.

3.  The evidence of record confirms he deployed in support of the Gulf War; therefore, he is also entitled to correction of Item 18 of his DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19910106 - 19910515."

4.  His unit was awarded the MUC during his assignment in support of the Gulf War; therefore, he is entitled to have this unit award added to his DD Form 214. 

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.  awarding him the AGCM (First Award) for the period 19 February 1986 through 18 February 1989;

	b.  adding the following awards to item 13 of his DD Form 214 for the period ending 16 July 1991:

* AGCM (First Award) 
* SWASM with three bronze service stars
* KLM-SA
* KLM-K
* MUC

	c.  adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910106 - 19910515." 




      _______ _   __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)                                         AR20100021794





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ABCMR Record of Proceedings (cont)                                         AR20100021794



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