IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100024817
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 show his service in Iraq.
2. The applicant states, in effect, he needs this service documented on his DD Form 214 to support his application for Department of Veterans Affairs (VA) benefits.
3. The applicant provides a copy of 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 31 August 1983. He completed training and was awarded military occupational specialty 94B (Cook).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 9 (Awards, Decorations, and Campaigns) the Air Assault Badge, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Army Good Conduct Medal (2nd Award), and National Defense Service Medal;
b. item 31 (Foreign Service) from 11 July 1985 through 23 October 1986 he was in Hawaii and from 2 December 1988 through 1 December 1991 he was in Germany; and
c. item 38 (Record of Assignments) he was assigned to the 59th Military Police Company in Germany from 3 December 1988 until 12 May 1991.
4. His DD Form 214 shows that on 13 May 1991 he was honorably discharged as a specialist four/E-4. He completed 7 years, 10 months, and 7 days of total active service. Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, Army Good Conduct Medal (2nd Award), Overseas Service Ribbon with Numeral 2, Marksman Marksmanship Qualification Badge with Tank Weapons Bar, and Air Assault Badge.
5. His name is listed on the Gulf War Roster showing service from 1 October 1990-31 March 1991.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part it states item 18 (Remarks) is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries. For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.
7. The applicant's records and Army Regulation 600-8-22 (Military Awards) indicate he is eligible for awards that are not listed on his DD Form 214.
a. 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)
b. 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.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his service in Iraq be documented on his DD Form 214 to support his application for VA benefits.
2. His name is listed on the Gulf War Roster showing service from 1 October 1990-31 March 1991. His DD Form 214 should be corrected to show this service as required by Army Regulation 635-5.
3. The applicant is authorized the Southwest Asia Service Medal with two bronze service stars, KLM-SA, and KLM-KU. These awards should be added to his DD Form 214.
BOARD VOTE:
____X___ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. adding to item 18 of his DD Form 214 "SERVICE IN SAUDI ARABIA/
KUWAIT/IRAQ FROM 901001-910331" and
b. adding the Southwest Asia Service Medal with two bronze service stars, KLM-SA, and KLM-KU to the list of awards shown on 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) AR20100014430
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ABCMR Record of Proceedings (cont) AR20100024817
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