IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100022737
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 that her service during Operation Desert Shield be reflected on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that it is important to be recognized for accomplishments of the past.
3. The applicant provides a copy of her DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 5 January 1987, the applicant enlisted in the Regular Army for a period of 4 years under the Civilian Acquired Skills Program as a practical nurse and for a cash enlistment bonus.
3. She completed her training at Fort Jackson, South Carolina and she was transferred to Korea on 2 May 1987. She was promoted to the rank of sergeant on 15 July 1987. She completed her tour in Korea and she was transferred to Fort Sill, Oklahoma.
4. She deployed to Saudi Arabia in support of Operation Desert Shield from 26 August 1990 to 10 September 1990.
5. She was transferred to Fort Sam Houston, Texas on 5 April 1992 and she was honorably released from active duty due to pregnancy on 30 April 1993. She had served 6 years, 3 months, and 26 days of total active service and she was awarded the National Defense Service Medal, the Army Service Ribbon, Overseas Service Ribbon, Army Achievement Medal with two Oak Leaf Clusters, Army Good Conduct Medal (2d award), Noncommissioned Officer Professional Development Ribbon and Southwest Asia Service Medal with one bronze service star. The Remarks section of her DD Form 214 does not show her service in Saudi Arabia.
6. The applicant was honorably discharged from the United States Army Reserve on 16 January 1996.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that it is mandatory that an entry be placed in the remarks section of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service. The entry will consist of Service in (Name of Country deployed from YYYYMMDD YYYYMMDD).
8. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
9. 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. The available evidence shows the applicant deployed to Saudi Arabia in support of Operation Desert Shield and she is entitled to have this deployment added to her DD Form 214.
2. Accordingly, the entry Service in Saudi Arabia 19900826 - 19900910 should be entered on her DD Form 214 at this time.
3. Given her participation in the Persian Gulf War she is entitled to award of the KLM-K and to have it added to her DD Form 214.
4. Additionally, the applicant served in Korea and she is entitled to be awarded the KDSM for that service.
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:
* Adding in block 18 (Remarks) of her DD Form 214 Service in Saudi Arabia 19900826 - 19900910
* Adding the KLM-K and the KDSM to her 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) AR20100022737
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ABCMR Record of Proceedings (cont) AR20100022737
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