IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100022884 


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 and the medals he is authorized for this service.

2.  He states, in effect, that his DD Form 214 states that a DD Form 215 would be issued to add any information that was missing from his DD Form 214 but he never received it.

3.  He provides his 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 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 4 April 1990.

3.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) the entry "00  00  00" indicating he had no foreign service during this period of service;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not list any awards; and 

	c.  item 18 (Remarks) shows no deployments during this period of service.

4.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and   31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

5.  The DMDC Desert Shield/Storm Data Base shows he participated in-theater during the period 7 January to 13 May 1991.

6.  On 30 April 1992, he was released from active duty.  He had completed 
2 years and 27 days of active service that was characterized as honorable.  Item 13 does not show any awards.

7.  Army Regulation 600-8-22 (Military Awards) 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:

* 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)

8.  Army Regulation 600-80-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

9.  Army Regulation 600-80-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait 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.

10.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

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

12.  Army Regulation 600-8-22 states the Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon is awarded upon successful completion of initial entry training.  

14.  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:

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

	b.  item 18, for an active duty Soldier deployed to a foreign country 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)."

DISCUSSION AND CONCLUSIONS:

1.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater from 7 January to 13 May 1991 a period of 4 months and 7 days.  Therefore, item 12f of his DD Form 214 should be corrected to show this foreign service and Item 18 should be corrected to show his service in Southwest Asia by adding the entry "service in Southwest Asia from 19910107 - 19910513."

2.  Evidence of record shows he participated in three campaigns in support of Operation Desert Shield/Desert Storm from 7 January through 13 May 1991.  Therefore, he is entitled to award of the Southwest Asia Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these awards.

3.  His service in Southwest Asia also qualifies him for award of the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  He honorably served during a qualifying period for award of the National Defense Service Medal and the Army Service Ribbon.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  The available evidence shows he served a qualifying period for award of the Army Good Conduct Medal (1st Award) during the period 4 April 1990 to 30 April 1992.  There is also no record of any disciplinary action being taken against him and no record of a disqualification by his commander during this period.  Therefore, he is entitled to award of the Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this medal.

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 "00  00  00" and adding "00  04  07";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 April 1990 through 30 April 1992; 

   c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Army Service Ribbon, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and National Defense Service Medal; and 

	d.  adding to item 18 of his DD Form 214 " SERVICE IN SOUTH WEST ASIA FROM  19910107 – 19910513."



      ___________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)                                         AR20100022884



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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