IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100027297 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his foreign service.  He also requests that his DD Form 214 be corrected to show award of the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal (Government of Kuwait) (KLM-KU), and Kuwait Liberation Medal (Saudi Arabia) (KLM-SA). 

2.  The applicant states he served in Germany 76 months, in Korea 12 months, and in Southwest Asia 9 months, but his DD Form 214 fails to show that he completed any foreign service.  His DD Form 214 also fails to show his awards for his Desert Shield/Storm service.

3.  The applicant provides his DD Form 214, an Army Commendation Medal (ARCOM) Certificate, Desert Shield/Storm Certificate of Participation, and Orders 274-0016.

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 available military records are incomplete.  However, the available evidence indicates he served in the Army National Guard and completed 3 years of active service prior to enlisting in the Regular Army on 9 June 1983.  He served in military occupational specialty 63T (Bradley Fighting Vehicle System Mechanic).  The highest rank/grade he attained was staff sergeant/E-6.

3.  A DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER) for the period September 1990 to August 1991 indicates he participated in Desert Shield/Storm.

4.  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.  His name is listed in this database.

5.  He provided an ARCOM Certificate and a Certificate of Participation which indicates he participated in Desert Shield/Storm from 13 October 1990 to 19 April 1991.

6.  On 30 June 2000, he was honorably retired from active duty.  His DD Form 214 shows he completed 20 years and 22 days of total active service.  Item 12f (Foreign Service) contains the entry "0000 00 00."

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his latest DD Form 214 shows award of the Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with numeral 2, Army Service Ribbon, Army Good Conduct Medal (4th Award), Overseas Service Ribbon (3rd Award), and Driver and Mechanic Badge with Driver-W Bar.

8.  There is no available evidence showing he served in Korea and Germany.

9.  Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/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)

10.  The KLM-SA awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the U.S. who participated in the Persian Gulf War between 17 January and 28 February 1991.

11.  The KLM-KU awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the U.S. who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

12.  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 that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

13.  Army Regulation 635-5, in effect at the time, did not provide for deployments to be recorded on the Soldier's DD Form 214; however, the current version of the regulation prescribes that for an active duty Soldier deployed 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)" in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The ARCOM Certificate and Desert Shield/Storm Certificate of Participation indicates he served in Kuwait and Saudi Arabia from 13 October 1990 to 19 April 1991 which is a total of 6 months and 7 days.  An NCOER and the DMDC also support that he served during Desert Shield/Desert Storm.  Therefore, it would be appropriate to correct his DD Form 214, item 12f to show this service.  

2.  The available evidence does not show the applicant served in Germany or Korea; therefore, his DD Form 214 cannot be corrected to show this service at this time.  


3.  While the regulation in effect at the time did not provide for deployments to be recorded on a Soldier's DD Form 214 the current regulation does provide for entering the name of the country in which a Soldier deployed.  Therefore, it would be in the interest of equity to apply the current standards and amend item 18 of his DD Form 214 to show "SERVICE IN KUWAIT/SAUDI ARABIA FROM 
19901013-19910419."

4.  The available evidence shows he completed a qualifying period of service for award of the SWASM and he participated in three campaigns.  As such, he is entitled to award of the SWASM with three bronze service stars and correction of his DD Form 214 to show these awards.

5.  The available evidence also shows he completed a qualifying period of service for award of the KLM-KU and KLM-SA.  Therefore, he is entitled to have his DD Form 214 corrected to show these awards.

6.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 the DD Form 214 of the individual concerned be corrected by:

   a.  deleting the entry in item 12f and adding "0000 06 07";
   
   b.  adding to item 13 the SWASM with three bronze service stars, KLM-KU, and KLM-SA; and 
   
   c.  adding to item 18 the entry "SERVICE IN KUWAIT/SAUDI ARABIA FROM 19901013 - 19910419."

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 entering foreign service on his DD Form 214 in excess of 6 months and 7 days.  




      ____________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)                                         AR20100027297



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ABCMR Record of Proceedings (cont)                                         AR20100027297



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