IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20100027775
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his authorized awards for his participation in Operation Desert Shield/Storm.
2. The applicant states that his DD Form 214 does not reflect his campaign medal for his participation in Operation Desert Shield/Storm and his award of the Army Achievement Medal (AAM).
3. The applicant provides a copy of his DD Form 214 and a copy of his award of the AAM.
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 applicants 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 applicants 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 27 January 1988 for a period of 4 years, training as a military policeman and assignment to Fort Carson, Colorado. He completed his one-station unit training at Fort McClellan, Alabama and was transferred to Fort Carson, Colorado. He was advanced to the pay grade of E-4 on 1 April 1990.
3. He was deployed to Southwest Asia (SWA) on 27 October 1990 in support of Operation Desert Shield/Storm and served in two campaigns before departing on 17 April 1991 for Fort Carson.
4. On 26 January 1992 he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 4 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, the National Defense Service Medal, the Good Conduct Medal, and his marksmanship badges.
5. A review of his records shows that he was awarded the Southwest Asia Service Medal with two bronze service stars. However, it was not added to his DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) states 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.
7. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that for item 18, enter in the remarks section SERVICE IN (Name of country Deployed) From (inclusive dates for example. YYYYMMDD - YYYYMMDD) for an active duty Soldier deployed with his or her unit during their continuous period of active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Southwest Asia Service Medal with two bronze service stars for his service in SWA. Accordingly, it should be added to his DD Form 214 at this time.
2. The applicant also served during a qualifying period for awards of the KLM-SA and the KLM-K. Accordingly they should be awarded at this time and added to his DD Form 214.
3. The applicant served in SWA from 901027 to 910417. Accordingly, the entry Service in SWA from 901027 to 910417 should be added to item 18 of his DD Form 214.
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:
* Adding the Southwest Asia Service Medal with two bronze service stars to his DD Form 214
* adding the KLM-SA and the KLM-K to his DD Form 214
* Adding the entry Service in SWA from 901027 to 910417 to item 18 of his DD Form 214.
_______ _ _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) AR20100027775
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ABCMR Record of Proceedings (cont) AR20100027775
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