IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100027259 


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 item 12f (Foreign Service) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service.

2.  The applicant states that he served overseas in support of Operation Desert Storm from 26 September 1990 to 13 April 1991 but his overseas service is not listed on his DD Form 214.

3.  The applicant provides his:

* DD Form 214 
* DA Form 638 (Recommendation for Award)

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 2 October 1989.  He completed training and he was awarded military occupational specialty 63B (light wheel vehicle mechanic).  The highest rank/grade he attained with private first class (PFC)/E-3.

3.  His DD Form 214 shows in:

	a.  item 12f the entry "00  00  00," indicating he had no foreign service during his period of service;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Bar
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

	c.  item 18 (Remarks) the entry "NA," indicating not applicable.

4.  The applicant submitted a DA Form 638 that shows he was awarded the Army Achievement Medal for the period 26 September 1990 to 13 April 1991 while deployed in support of Operation Desert Shield/Storm, by Permanent Order Number 020-03, issued by Headquarters and Headquarters Detachment, 548th Signal Battalion, Fort Drum, NY, dated 13 March 1992.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Overseas Service) he served in Saudi Arabia from 25 September 1990 through 13 April 1991
* item 35 (Record of Assignments):

* he departed Fort Drum, NY on 25 September 1990 en route to Southwest Asia
* 
he arrived in Southwest Asia on 26 September 1990 and he was assigned to the 514th Maintenance Company, 171st Corps
* he departed Southwest Asia on 13 April 1992 en route to Fort Drum

6.  On 1 April 1992, he was honorably released from active duty at the expiration of his term of service.  He had completed 2 years and 6 months of creditable active service.

7.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  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)

9.  Army Regulation 600-80-22 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.

10.  Army Regulation 600-80-22 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.

11.  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 that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and 

	b.  item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 shows he deployed to Southwest Asia during the period 26 September 1990 to 13 April 1992 and he was awarded the Army Achievement Medal for the same period of deployed service, which equates to
6 months and 19 days of foreign service.  Therefore, item 12f of his DD Form 214 should be corrected accordingly.

2.  Based on his deployed service, item 18 of his DD Form 214 should also be corrected to show his service in Southwest Asia.  Therefore, his DD Form 214 should be corrected accordingly.

3.  Evidence of record shows he was awarded the Army Achievement Medal for the period 26 September 1990 to 13 April 1991.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Evidence of record shows he participated in the three designated campaigns in support of Operation Desert Shield/Storm.  Therefore, he is entitled three bronze service stars for wear on his already-awarded Southwest Asia Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His DD form 214 shows he was awarded the Kuwait Liberation Medal; however, it does not specify the award issued by the Kingdom of Saudi Arabia or the Government of Kuwait.  Based on his service in Southwest Asia, he is entitled to both the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, his DD form 214 should be corrected to show both 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.  deleting from item 12f of his DD Form 214 the entry "00  00  00" and replacing it with the entry "00  06  19";

	b.  deleting from item 13 of his DD Form 214 the:

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

	c.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	d.  deleting from item 18 of his DD Form 214 the entry "NA" and replacing it with the entry "SERVICE IN SOUTHWEST ASIA FROM 1990926 - 19910413."



      _______ _   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)                                         AR20100027259



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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