BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100022947 


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) to show his combat service and award of the Southwest Asia Service Medal (SWASM).

2.  The applicant states he served in Operations Intrinsic Action and Iris Gold in Southwest Asia.  Upon returning from his second tour he was given the Southwest Asia Service Medal but his records did not get updated when he departed the Army on a hardship discharge.

3.  The applicant provides copies of:

	a.  a memorandum, subject:  Award of the SWASM, Shoulder Sleeve Insignia - Former Wartime Service, and Overseas Service Bar, dated 5 November 1992;

	b.  a Bravo Company, 8th Engineer Battalion, 1st Cavalry Division, Fort Hood, TX, memorandum for record, subject:  Award of SWASM Shoulder Sleeve Insignia, dated 15 December 1993;

	c.  a Joint Task Force – Kuwait certificate, dated 20 December 1992, appointing applicant as a "Guardian of Freedom";

	d.  his DD Form 214;


	e.  a DA Form 638-1 (Recommendation for Award), dated 3 December 1992, awarding the applicant the Army Achievement Medal for the period 23 October 1992 to 17 December 1992 for meritorious achievement during Intrinsic Action in support of Task Force 3-41;

	f.  Permanent Orders 3-1, issued by Headquarters, 1st Cavalry Division, Fort Hood, dated 13 January 1993, announcing the temporary change of station (TCS) of the applicant's unit to the U.S. Central Command with duty in Kuwait. His name is listed on the unit's manifest report with the orders.

	g.  1st Battalion, 9th Cavalry Division Certificate of Appreciation, dated 
18 February 1993, for participation in operation Iris Gold, during the period January - February 1993;

	h.  3d Battalion, 41st Infantry Regiment Certificate of Achievement, dated
25 February 1993, for participation in Operation Intrinsic Action 93-1, during the period 20 October - 20 December 1992;

	i.  DA Form 638-1 awarding the applicant the Army Achievement Medal (2d Award) for the period 15 January 1993 to 25 February 1993;

	j.  Joint Task Force - Kuwait Certificate, dated 1 March 1993, appointing the applicant as a "Guardian of Freedom"; and

	k.  a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 28 November 1996.

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 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) the:

* Army Achievement Medal with 2 Oak Leaf Clusters
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Army Lapel Button

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

3.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify the applicant's service in Kuwait.  A DFAS representative verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 22 October 1992 through
17 December 1992 (1 month and 26 days) and from 15 January 1993 through
4 March 1993 (1 month and 20 days).

4.  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)

5.  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.


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:

	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 evidence of record clearly shows that the applicant was deployed in support of operations in Kuwait from 22 October 1992 through 17 December 1992 and from 15 January 1993 through 4 March 1993.  Therefore, his DD Form 214 should be corrected to show award of the Southwest Asia Service Medal with one bronze service star.

2.  The available evidence shows the applicant served during a qualifying period of service for award of the KLM-KU.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign award.

3.  Evidence shows the applicant served in Kuwait during the period 22 October 1992 through 17 December 1992 and from 15 January 1993 through 4 March 1993 for a total period of 3 months and 16 days.  Therefore, his DD Form 214 should be corrected to show his period of foreign service and deployment locations.

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 replacing it with the entry "00  03  16";

	b.  adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal awarded by the Government of Kuwait; and

	c.  adding to item 18 of his DD Form 214 the entry "Service in Kuwait from 19921022 - 19921217 and from 19930115 - 19930304."



      _______________________
               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)                                         AR20100022947



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ABCMR Record of Proceedings (cont)                                         AR20100022947



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