IN THE CASE OF:	

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100023398 


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 deployment to Iraq during the period 31 December 1990 through 5 May 1991 be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that his deployment to Iraq was not annotated on his 
DD Form 214.  

3.  The applicant provides:

* A copy of his DA Form 2-1 (Personnel Qualification Record – Part II)
* A copy of his Army Commendation Medal citation and recommendation

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.  On 29 June 1988, the applicant enlisted in the Regular Army for a period of 4 years, training as an armor crewman and a cash enlistment bonus.  He completed his training and was transferred to Germany.  He served his 2-year tour in Germany and was transferred to Fort Riley, Kansas for assignment to
Company D, 1st Battalion, 34th Armor Regiment.

3.  On 31 December 1990, he deployed to Saudi Arabia with his unit in support of Operation Desert Storm.  The applicant’s battalion was the Brigade Assault Force for the breach of Iraqi defenses and led the Devil Brigade (1st Brigade Combat Team, 1st Infantry Division) in the night attack against the Tawakalna Division of the Republican Guard.  His unit was the first unit of the brigade to enter Kuwait.

4.  On 30 March 1991, the applicant was awarded the Army Commendation Medal for extraordinary and meritorious achievement during Operation Desert Storm that was instrumental to the decisive victory of the unit and for exemplary conduct under fire against a hostile force in the liberation of Kuwait.

5.  The applicant’s records also show he departed Southwest Asia (SWA) on 
30 March 1991 and he returned to Fort Riley.

6.  On 1 February 1992, he was honorably released from active duty (REFRAD) under the Fiscal Year 1992 Early Transition Program.  He had served 3 years, 
7 months, and 3 days of active service and his DD Form 214 shows he was awarded the Army Service Ribbon, National Defense Service Medal, Army Commendation Medal with one Oak Leaf Cluster, Army Achievement Medal with one Oak Leaf Cluster, and Noncommissioned Officer Professional Development Ribbon.

7.  Army Regulation 635-5 (Separation Program Designator (SPD)) 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)." 

8.  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)

9.  Army Regulation 600-8-22 states the Overseas Service Ribbon (OSR) was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour.

10.  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.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his deployment in support of Operation Desert Storm should be reflected on his records has been noted and found to have merit.

2.  The applicant deployed to SWA from 31 December 1990 to 30 March 1991.  Accordingly, the entry “Service in SWA from 19901231 to 19910330” should be entered in block 18 (Remarks) of his DD Form 214.

3.  Additionally, the applicant is entitled to awards of the SWASM with one bronze service star, the KLM-K, the KLM-SA and the OSR (for his tour in Germany).  Accordingly, it would be appropriate to add these awards to his      DD Form 214.








BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 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 19901231 to 19910330” in block 18 of his DD Form 214.
* Adding the OSR, SWASM with one bronze service star, KLM-K and
KLM-SA to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   __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)                                         AR20100023398



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ABCMR Record of Proceedings (cont)                                         AR20100023398



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