IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100023080 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Saudi Arabia during Operation Desert Storm/Shield.  He also requests that his Certificate of Commendation and Certificate for Meritorious Service be added to his DD Form 214.

2.  The applicant states that he served in Southwest Asia (SWA) from 19 December 1990 to 6 May 1991 and he received the above certificates which should be reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and copies of a Certificate of Commendation and a Certificate for Meritorious Service.

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 25 January 1990 for a period of 4 years and training as a cannon crewman.  He completed his one-station unit training at Fort Sill, Oklahoma and was transferred to Germany on 21 May 1990.

3.  Information obtain from the Gulf War Roster indicates the applicant deployed to SWA from 901001 – 910515.  After serving in three campaigns he was returned to Germany and on 4 October 1991 he departed Germany for assignment to Fort Polk, Louisiana.

4.  On 24 September 1992, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He had served 2 years and 8 months of active service and his 
DD Form 214 issued at the time of discharge shows he was awarded the Army Service Ribbon, National Defense Service Medal, and Overseas Service Ribbon.

5.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  The regulation in effect at the time provided, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service during Operation Desert Shield/Storm, the following entry will be made:  "SERVICE IN SOUTHWEST ASIA FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

6.  Army Regulation 600-8-22 (Military Awards) states 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)

7.  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.



8.  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 and 28 February 1991.

9.  Army Regulation 635-5 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in SWA in support of Operation Desert Shield/Storm during three campaigns and is thus entitled to have the entry “Service in SWA from 19901001 to 19910515” in block 18 (Remarks) of his DD Form 214.

2.  Additionally, the applicant is entitled to awards of the SWASM with three bronze service stars, the KLM-K, and the KLM-SA.  Accordingly, it would be in the interest of justice to add those awards to his DD Form 214.

3.  However, the applicable regulation does not provide for the entry of certificates on the DD Form 214.  Accordingly, there is no basis to grant that portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Adding the entry “Service in SWA from 19901001 to 19910515” in block 18 of his DD Form 214.
* Adding the SWASM with three bronze service stars, the KLM-K, and the KLM-SA and adding these awards to his DD Form 214

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding certificates to his 
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)                                         AR20100023080



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ABCMR Record of Proceedings (cont)                                         AR20100023080



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