IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028956 


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 he be issued the medals he earned for his service in Southwest Asia (SWA) in Operation Desert Shield/Desert Storm and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show these medals.

2.  The applicant states although he served in support of Operation Desert Shield/Desert Storm he was never awarded his campaign medals.  His DD Form 214 shows he served in SWA but it does not show his campaign medals.  He is in treatment for post traumatic stress disorder and Gulf War syndrome and receiving his medals would help with his recovery.

3.  The applicant provides his DD Form 214.

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 records show he enlisted in the U.S. Army Reserve (USAR) on 9 September 1989 and he held military occupational specialty 25S (Still Documentation Specialist).  He was ordered to active duty in support of Operation Desert Shield/Desert Storm and he entered active duty on 15 January 1991.  He was assigned to Company D, 702nd Transportation Battalion, 7th Group, Saudi Arabia.

3.  He was honorably released from active duty on 27 May 1991 by reason of expiration of service and he was transferred to the USAR to complete his remaining Reserve obligation.  He completed 4 months and 13 days of creditable active service.

4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, National Defense Service Medal, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Driver and Mechanic Badge with "W" Bar.

5.  Item 18 (Remarks) of his DD Form 214 shows the entry "Service in SWA - 23 January 1991 to 10 May 1991."

6.  Department of the Army General Orders Number 27, dated 1994, awarded Company D, 702nd Transportation Battalion the Meritorious Unit Commendation for the period 1 October 1990 through 16 April 1991.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit the Meritorious Unit Commendation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The evidence of record shows the applicant served in SWA from 23 January 1991 to 10 May 1991 and he participated in two campaigns during his service in SWA.  Therefore, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait, and correction of his DD Form 214 to show these 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 adding to item 13 of his DD Form 214 and issuing him the:

* Meritorious Unit Commendation
* Southwest Asia Service Medal with two bronze service stars


* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait

      ____________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)                                         AR20100028956





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028956



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1