BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025017 


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 foreign service in Southwest Asia.

2.  The applicant states he was assigned to the 4th Battalion, 27th Field Artillery in Germany.  He deployed with his unit to Southwest Asia in support of Operations Desert Shield/Storm from 22 December 1990 to early May 1991.  

3.  The applicant provides 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's records show he enlisted in the Regular Army for a period of 2 years and 23 weeks on 4 October 1989 and held military occupational specialty 63B (Light Wheel Vehicle Mechanic).

3.  He served in Germany from 26 May 1990 to 11 August 1991.  He was assigned to the 4th Battalion, 27th Field Artillery.

4.  He was discharged on 13 August 1991 under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations) with a general discharge.  He completed 1 year, 10 months, and 10 days of creditable active service.  His DD Form 214 shows the following entries:

	a.  Item 12f (Foreign Service) shows "01  02  18"

	b.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, National Defense Service Medal, Driver and Mechanic Badge, Sharpshooter Marksmanship Qualification Badge with Rifle, and Expert Marksmanship Qualification Badge with Grenade Bar.

	c.  Item 18 (Remarks) does not list service in a hostile fire/imminent danger pay (HF/IDP) area.

5.  His name is shown on the Gulf War roster as having served in Southwest Asia from 22 December 1990 to 4 May 1991.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 states item 12f shows the total active service completed outside the continental limits of the United States.  Additionally, for an active duty Soldier deployed with his/her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is entered in item 18.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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)

	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 evidence of record shows the applicant served in Southwest Asia during the Gulf War from 22 December 1990 to 4 May 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this period of service.

2.  His service in Southwest Asia also qualifies him for award of the SWASM, KLM-SA, and KLM-KU.  Additionally, he participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on the SWASM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

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.  adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation - Kuwait; and 

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901222 - 19910504."



      _______ _   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)                                         AR20100025017



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ABCMR Record of Proceedings (cont)                                         AR20100025017



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