BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100026635 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Southwest Asia Service Medal, the Kuwait Liberation Medal (Government of Saudi Arabia) and the Kuwait Liberation Medal (Government of Kuwait).

2.  The applicant states that after recently reviewing his DD Form 214 he realized his service medals for Southwest Asia (Desert Shield/Desert Storm) were not listed on his DD Form 214.

3.  The applicant did not provide any documentation to support his application.  

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 10 February 1988.  He completed his initial entry training and was awarded military occupational specialty 13P (Multiple Launch Rocket System (MLRS) Operations/Fire Direction Specialist).

3.  On 7 November 1996, he was honorably released from active duty and transferred to the U.S Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 for this period of service that shows he completed 8 years, 8 months, and 28 days of active service with 3 years and 16 days of foreign service.

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he received these awards:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

5.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  

6.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater from 1 September 1990 to 25 March 1991.

7.  References:

	a.  Army Regulation 600-8-22 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)
	b.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait 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.  

	d.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.  In item 18 for active duty Soldiers deployed to a foreign country with their unit during their continuous period of active service to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.”

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant served in Operations Desert Shield/Desert Storm during the period 1 September 1990 to 25 March 1991.  During this period, he served in two campaigns.  Therefore, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars.

2.  Based on his qualifying service in Operations Desert Shield/Desert Storm, he is entitled to the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.

3.  While the applicant did not specifically request correction to his DD Form 214 to show his foreign service tour in Kuwait/Saudi Arabia, it would be appropriate to do so based on his foreign service tour recorded on the DMDC Desert Shield/Storm Data Base.

4.  Based on the applicant's service in Saudi Arabia in support of Operations Desert Shield and Desert Storm, it is appropriate to include an entry in item 18 of his DD Form 214 to show his service in Saudi Arabia by adding the entry "SAUDI ARABIA:  19900901 TO 19910325." 



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.  amending his DD Form 214 for the period ending 7 November 1996 to add the following awards:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia

	b.  amend item 18 to include "SAUDI ARABIA:  19900901 TO 19910325."



      _______ _  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)                                         AR20100026635





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ABCMR Record of Proceedings (cont)                                         AR20100026635



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