IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100024837 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her deployment to Iraq and Saudi Arabia during Operations Desert Shield/Desert Storm.

2.  The applicant states her DD Form 214 does not reflect her deployment to Iraq and Saudi Arabia.

3.  The applicant provides a copy of her DD Form 214 and a copy of her inpatient treatment record.

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.  After serving 2 years, 10 months, and 2 days of prior active service, the applicant again enlisted in the Regular Army in the military occupational specialty of equipment records specialist and was assigned to Fort Campbell, Kentucky.

3.  Information obtained from the Gulf War deployment roster shows she deployed to Saudi Arabia on 1 October 1990 in support of Operation Desert Shield.

4.  The inpatient treatment record provided by the applicant shows she was initially treated at the 8th Evacuation Hospital in Saudi Arabia.  She was transferred to the 98th General Hospital in Nurmberg, Germany, on 21 January 1991 and then to Blanchfield Army Community Hospital at Fort Campbell on 27 January 1991.

5.  On 29 July 1991, she was honorably discharged at Fort Campbell under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 8, due to pregnancy.  Her DD Form 214 issued at the time of her discharge reflects no evidence of her deployment.  It shows she was awarded the Army Service Ribbon, Army Good Conduct Medal, and National Defense Service Medal.

6.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that it is mandatory that an entry be placed in the remarks section of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  The entry will consist of "SERVICE IN (name of country deployed) FROM (YYYYMMDD-YYYYMMDD)."  Item 12f (Foreign Service) will contain the total service performed overseas during the period covered by the DD Form 214.

7.  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)

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 1991 and 28 February 1991.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served in Southwest Asia in support of Operation Desert Shield from 1 October 1990 until 21 January 1991.  Accordingly, she is entitled to have the entry "SERVICE IN SAUDI ARABIA FROM 19901001-19910121" entered in item 18 (Remarks) of her DD Form 214.

2.  Additionally, the applicant served during a qualifying period for award of the SWASM with two bronze service stars, the KLM-SA and the KLM-KU.  Accordingly, she is entitled to be awarded those awards and have them added to her records.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* adding the SWASM with two bronze service stars, KLM-SA, and KLM-KU to her DD Form 214
* adding the entry "SERVICE IN SAUDI ARABIA FROM 19901001-19910121" to item 18 of her DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices she made in service to the United States during the Global War on Terrorism are 


deeply appreciated.  The applicant and all Americans should be justifiably proud of her 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)                                         AR20100024837



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ABCMR Record of Proceedings (cont)                                         AR20100024837



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