IN THE CASE OF:	  

		BOARD DATE:	    21 June 2011

		DOCKET NUMBER:  AR20100029564 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was deployed to the Persian Gulf during Operation Desert Storm.

2.  The applicant states his record needs to show he was deployed to Operation Desert Storm for him to receive a state veteran's bonus recently passed into law.

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 enlisted in the Regular Army on 12 July 1982.  He completed initial entry training and was awarded military occupational specialty 76P (equipment records and parts specialist).

3.  He continued his service through extensions of enlistment and a reenlistment.  The highest rank/grade he attained was sergeant (SGT)/E-5.

4.  He was honorably discharged on 23 June 1991.  His DD Form 214 shows he was retained on active duty 71 days as essential to national security.  He completed a total of 8 years, 11 months, and 11 days of creditable active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon
* Army Good Conduct Medal (2nd Award)
* Army Achievement Medal (2nd Oak Leaf Cluster) [3rd Award]
* Noncommissioned Officer Professional Development Ribbon
* National Defense Service Medal

5.  His official military personnel file (OMPF) contains a memorandum for record, issued by the 249th Supply Company, Fort Bragg, NC, subject: Verification of Deployment, dated 31 January 1991.  This memorandum indicates the applicant was deployed to participate in Operation Desert Storm during the period
15 October 1990 to 29 March 1991.

6.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War.  This list contains the applicant's name and shows he served in the Persian Gulf War during the period 1 September 1990 to 29 March 1991.

7.  His DA Form 2166-7 (Noncommissioned Officer [NCO] Evaluation Report) for the rating period from October 1990 through February 1991 contains entries indicating he served in Saudi Arabia in support of Operation Desert Shield/Storm.

8.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (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 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January -  11 April 1991) 
* Cease-Fire Campaign (12 April 1991 -  30 November 1995)

9.  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.  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 (Separation Documents), 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 Persian Gulf War Roster shows the applicant served in the Persian Gulf War during the period 1 September 1990 to 29 March 1991.  A unit memorandum contained in his OMPF shows he was deployed during the period 15 October 1990 to 29 March 1991.  A DA Form 2166-7 indicates he deployed to Saudi Arabia in support of Operation Desert Shield/Storm.  While these periods of service are not fully in agreement, the evidence is sufficient to support showing that he served in Saudi Arabia during the period 15 October 1990 to 29 March 1991.

2.  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 such entries.  Therefore, it would be in the interest of equity to apply the current standards and correct item 18 of his DD Form 214 to show the entry "SERVICE IN SAUDI ARABIA FROM 19901015 - 19910329."

3.  The available evidence indicates he served in Operations Desert Shield/ Desert Storm in the designated area on or after 2 August 1990 to qualify for award of the SWASM and that he participated in two campaigns.  Therefore, he is entitled to the SWASM with two bronze service stars and correction of his
DD Form 214 to show this award.
4.  The available evidence also shows he completed a qualifying period of service for the Kuwait Liberation Medal - Saudi Arabia and Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

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

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

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

   b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19901015 - 19910329."



      _______ _ 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)                                         AR20100029564



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ABCMR Record of Proceedings (cont)                                         AR20100029564



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