IN THE CASE OF:	 

		BOARD DATE:	21 April 2011

		DOCKET NUMBER:  AR20100025770 


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 Operation Desert Storm and the medals that he is authorized for that service.

2.  The applicant states that he feels he served his country honorably during its time of need and he deserves to have his time recognized.

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 30 January 1990.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Hand Grenade Bar. 

	b.  item 38 (Record of Assignments) that he was assigned to Company A, 1st Battalion, 22d Infantry, Fort Drum, New York from 17 May 1990 until 7 May 1993.

4.  His DD Form 214 shows that on 7 May 1993 he was honorably released from active duty as a private/E-2.  He completed 3 years, 3 months, and 8 days of total active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Hand Grenade Bar, and the Army Lapel Button.

5.  Item 12f (Foreign Service) of this DD Form 214 shows no service.

6.  His name is listed on the Gulf War Roster showing he served in served in Saudi Arabia/Kuwait from 30 January to 31 March 1991.

7.  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.  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.

8.  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 the:

* 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 (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and it 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.

	c.  The Kuwait Liberation Medal (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and it 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 Operation Desert Storm be documented on his DD Form 214.

2.  His name is listed on the Gulf War Roster showing he served in Saudi Arabia/
Kuwait from 30 January to 31 March 1991.  His DD Form 214 should be corrected to show this service.

3.  Item 12f of his DD Form 214 should be corrected to show he completed 
"00 02 01."

4.  The applicant is authorized the Southwest Asia Service Medal with one bronze service star, the KLM-SA, and the 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.  deleting the entry in item 12f of his DD Form 214 and adding "00 02 01";

   b.  adding to item 18 of his DD Form 214 "SERVICE IN SAUDI ARABIA/KUWAIT FROM 910130-910331"; and

	c.  adding to item 13 of this DD Form 214 the Southwest Asia Service Medal with one bronze service star, KLM-SA, and KLM-KU.



      ____________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)                                         AR20100025770



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