IN THE CASE OF:	  

		BOARD DATE:	    24 March 2011

		DOCKET NUMBER:  AR20100021845 


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 26 June 1994 to show his service in Southwest Asia.

2.  He states, in effect, that his deployment in support of Operation Desert Shield/Desert Storm was omitted from his DD Form 214.

3.  The applicant provides no additional documentation in support of this case.

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's military records are incomplete for the period in question for the Board for review.  However, this case is being considered using records which primarily consist of his DD Form 214 and the Persian Gulf War Roster.

3.  He had 3 years, 9 months, and 3 days of prior active duty service.  On
27 June 1990, he enlisted in the Regular Army.  On 26 June 1994, he was honorably discharged after completing his required active service.  He was transferred to a Reserve unit in Aiken, SC.

4.  Item 12f (Foreign Service) of his DD Form 214 for the period ending 26 June 1994 shows the entry "0000  00  00," indicating no foreign service during this period of service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army Service Ribbon
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge

5.  Item 18 (Remarks) does not show he deployed in support of Operation Desert Shield/Desert Storm.

6.  His name appears in the Persian Gulf War Roster for service in Southwest Asia from 1 October 1990 through 27 March 1991.

7.  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 for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

8.  Army Regulation 635-5 states, in item 18, 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)."

9.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  Army Regulation 600-8-22 states the Southwest Asia Service Medal 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 the:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

11.  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.

12.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm during the period 1 October 1990 through 27 March 1991, which equates to 5 months and 21 days.  Therefore, item 12f of his DD Form 214 should be corrected to show this period of foreign service.

2.  Based on his deployed service, he is entitled to correction of item 18 of his
DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 - 19910327."

3.  As a related issue, his service Southwest Asia entitles him to awards which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal -Saudi Arabia, and the Kuwait Liberation Medal - Kuwait.

4.  He also served during a qualifying period for the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected 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 "0000  05  21";

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

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

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910327."



      _______ _  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)                                         AR20100021845



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ABCMR Record of Proceedings (cont)                                         AR20100021845



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