IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100026289 


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 he served in the Gulf War.

2.  The applicant states he served in the Gulf War for 8 months and was processed out of the Army within 5 days of his returned to the United States.

3.  The applicant provides:

* Order and Certificate of Name Change
* Certificate of Live Birth
* Defense Finance and Accounting Service (DFAS) letter dated 28 March 1992
* DA Form 31 (Request and Authority for Leave)
* DD Form 214
* Leave and Earnings Statements (LESs), dated 1 October through 30 November 1990
* Military Pay Voucher, dated 10 June 1991
* Computation Statement, dated 23 May 1991

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 16 October 1985.  He completed training as a construction equipment repairer.

3.  Results of a Desert Shield/Storm Database Inquiry shows he served in the Theater of Operations (Kuwait/Iraq) from 1 November 1990 to 30 April 1991.

4.  The applicant was released from active duty (REFRAD) on 24 May 1991.  His service in Kuwait/Iraq is not shown in item 12f (Record of Service – Foreign Service) or item 18 (Remarks) on his DD Form 214.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:

* Good Conduct Medal
* NCO Professional Development Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars
* Army Lapel Button
* National Defense Service
* Driver Mechanic Badge
* Army Achievement Medal

5.  The applicant submits LESs and Military Pay Vouchers showing he received overseas pay, danger pay, and family separation pay.  However, the documents he provides do not show his actual dates of service overseas.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states in:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
* item 13 – Enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service
* item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered

7.  Army Regulation 600-8-22 (Military Awards) states 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)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

8.  Army Regulation 600-8-22 also states:

	a.  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; and

	b.  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's contentions have been noted.

2.  However, he has submitted no evidence that shows his actual dates of service in Kuwait.

3.  Results of a Desert Shield/Storm Database Inquiry shows he served in Kuwait/Iraq Theater of Operations from 1 November 1990 to 30 April 1991.  His DD Form 214 should be corrected to show these as his dates of foreign service.


4.  His DD Form 214 should also be corrected to show he is authorized the followings awards:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (KLM-SA)
* Kuwait Liberation Medal (KLM-KU)

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the following in:

	a.  item 12f "00 Year(s), 05 Month(s), 29 Day(s)";

	b. item 13 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (KLM-SA), and the Kuwait Liberation Medal (KLM-KU);

	c.  item 18 "SERVICE IN KUWAIT/IRAQ FROM 19901101-19910430."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he had 8 months of service in the Gulf War.



      _______ _  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)                                         AR20100026289



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026289



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1