BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100029041
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Southwest Asia during Operations Desert Shield/Storm.
2. The applicant states he served in the Gulf War, so it's unjust not to include this service on his DD Form 214.
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 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 9 September 1988. He completed training and he was awarded military occupational specialty 19D
(Cavalry Scout). Upon his completion of training, he was assigned to Headquarters and Headquarters Troop (HHT), 2nd Armored Cavalry Regiment (ACR), Germany.
3. Item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he performed duty in an imminent danger pay area (Southwest Asia) from 8 December 1990 through 28 April 1991.
4. Item 35 (Record of Assignments) of his DA Form 2-1 shows he was assigned to HHT, 2nd ACR, in Saudi Arabia effective 8 December 1990. This item also shows he departed Saudi Arabia on 28 April 1991.
5. On 17 December 1991, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 shows he completed 3 years, 3 months, and 9 days of net active service. It further shows in:
a. item 12f (Record of Service - Foreign Service) that he completed 2 years, 6 months, and 15 days of foreign service;
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that among other awards he was awarded the Southwest Asia Service Medal with 2 bronze service stars; and
c. item 18 (Remarks) no participation in any named operations or campaigns.
6. 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. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that for:
a. Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered on the DD Form 214. Each entry will be verified by the Soldiers records.
b. Item 18, 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)."
7. A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.
8. Army Regulation 600-8-22 states the Kuwait Liberation Medal, issued 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.
9. Army Regulation 600-8-22 states the Kuwait Liberation Medal, issued by the Government of Kuwait (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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in Southwest Asia from 8 December 1990 through 28 April 1991. Therefore, it would be appropriate to correct his
DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA from 19901208 - 19910428."
2. The applicant's foreign service was within the regulatory timeframe for the KLM-SA and the 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.
BOARD VOTE:
___x____ ___x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. adding to Item 13 of his DD Form 214 the:
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
b. adding to Item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901208 - 19910428."
_________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) AR20100017975
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029041
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100015321
The applicant requests correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was deployed to a combat zone during the Persian Gulf War. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service) he served in Saudi Arabia from 7 December 1990 to 24 April 1991 * item 27 (Remarks) the entry "DUTY IN IMMINENT DANGER PAY AREA [Southwest Asia (SWA)]" and the dates 7 December 1990 to 24 April...
ARMY | BCMR | CY2013 | 20130014031
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards he is authorized, including the Combat Infantryman Badge or Combat Action Badge, Valorous Unit Award, and "battle stars" (bronze service stars). 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...
ARMY | BCMR | CY2009 | 20090009659
Army Regulation 600-8-22 also provides, in pertinent part, that 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 United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. Therefore, he is entitled to correction of his military records to show the award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU. As a result, the Board recommends that all...
ARMY | BCMR | CY2007 | 20070012314
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 January 2008 DOCKET NUMBER: AR20070012314 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Kuwait Liberation Medal awarded by the Government of...
ARMY | BCMR | CY2014 | 20140006932
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 Operation Desert Shield/Desert Storm * all awards he is entitled to receive as a result of this service 2. The evidence of record confirms the applicant served in Southwest Asia from 1 January to 26 April 1991; therefore, he is entitled to correction of his DD Form 214 to show this foreign service and the dates of this service. As a...
ARMY | BCMR | CY2011 | 20110009234
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and/or DD Form 215 (Correction to DD Form 214) to show: * Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) * Kuwait Liberation Medal awarded by the Government of Saudi Arabia (KLM-SA) * Social Security Number (SSN) as XXX-73-XXXX instead of XXX-77-XXXX 2. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an...
ARMY | BCMR | CY2012 | 20120022790
Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in Southwest Asia. Therefore, his DD Form 214 should be corrected to show these...
ARMY | BCMR | CY2014 | 20140019945
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the National Defense Service Medal, Southwest Asia Service Medal, Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA). His DA Form 2-1 (Personnel Qualification Record - Part II) shows in: a. item 5 (Oversea Service), he served in Saudi Arabia from 12 November 1990 through...
ARMY | BCMR | CY2011 | 20110008065
Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"...
ARMY | BCMR | CY2012 | 20120010439
The applicant requests, in effect, award of the Kuwait Liberation Medal (KLM) awarded by the Kingdom of Saudi Arabia (KLM-SA) and KLM awarded by the Government of Kuwait (KLM-KU) and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 11 October 1991. The evidence of record shows the applicant served in three campaigns during his deployment to Southwest Asia. As a result, the Board recommends that all Department of the Army...