IN THE CASE OF:	  

		BOARD DATE:	    26 May 2011

		DOCKET NUMBER:  AR20100027084


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 service in Southwest Asia during Operations Desert Shield/Storm.  He also requests award of the:

* Southwest Asia Service Medal 
* Kuwait Liberation Medal issued by the Kingdom of Saudi Arabia (KLM-SA)
* Kuwait Liberation Medal issued by the Government of Kuwait (KLM-KU)

2.  The applicant states he served in Southwest Asia during Operations Desert Shield/Desert Storm from 5 October 1990 through 5 May 1991 and this service is not listed on his DD Form 214.  

3.  The applicant provides no additional evidence. 

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 record shows he enlisted in the Regular Army on 21 March 1989.  He completed training and he was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic).

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he deployed to Southwest Asia on 11 October 1990, but does not list a through date.  

4.  On 20 March 1993, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 4 years of net active service.  

   a. Item 12f (Record of Service – Foreign Service) of his DD Form 214 does not show he performed any foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was previously awarded the Southwest Asia Service Medal, the KLM-SA, or the KLM-KU.

   c. Item 18 (Remarks) of his DD Form 214 does not show that he participated in any named operations or campaigns.

5.  His name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center.  The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  The database shows he was deployed from 1 October 1990 through 15 May 1991.

6.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the U.S. 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 on the Southwest Asia Service Medal for the Defense of Saudi Arabia
(2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait 
(17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 
30 November 1995).


7.  Army Regulation 600-8-22 states the 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 and 28 February 1991.

8.  Army Regulation 600-8-22 states the 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.

9.  Army Regulation 635-5 (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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Table 2-1 provides:  

   a. Item 12f of the DD Form 214 documents the total amount of foreign service completed during the period covered in item 12c.  

   b. Item 13 of the DD Form 214 documents the decorations, medals, badges, citations, and campaign ribbons awarded or authorized.    

   c. Item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of separating Soldier's during this period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served in Southwest Asia from 1 October 1990 through 15 May 1991 which equates to 7 months and 15 days of foreign service.  This service is not reflected on his DD Form 214; therefore, it would be appropriate to amend item 12f of his DD Form 214 to show he served 7 months and 15 days of foreign service.

2.  The applicant's foreign service was within the regulatory timeframe for award of the Southwest Asia Service Medal, KLM-SA, and KLM-KU, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He participated in three campaigns during his service in Southwest Asia; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his Southwest Asia Service Medal.
4.  It would also be appropriate to amend item 18 of his DD Form 214 by adding "SERVICE IN SOUTHWEST ASIA FROM 1 OCTOBER 1990 THROUGH          15 MAY 1991."

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.  deleting the entry in item 12f of his DD Form 214 and adding "00-07-15."

   b.  adding the following awards to the list in item 13 of his DD Form 214:

* Southwest Asia Service Medal with 3 bronze service stars
* KLM-SA
* KLM-KU

   c.  adding to item 18 of his DD Form 214 "SERVICE IN SOUTHWEST ASIA FROM 1 OCTOBER 1990 THROUGH 15 MAY 1991."




      __________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)                                         AR20100010470



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ABCMR Record of Proceedings (cont)                                         AR20100027084



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