IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029630 


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 his service in Operation Desert Storm and also any awards he is authorized for this service.

2.  The applicant states he does not have the awards he is supposed to have for being in the Desert Storm conflict.  He adds that the only confirmation he has been able to acquire is a comrade who served with him at the time.

3.  The applicant provides his DD Form 214 and a letter of support and the DD Form 214 from a noncommissioned officer veteran. 

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.  His military records show he enlisted in the Regular Army on 13 July 1983.  He completed initial entry training and was awarded the military occupational specialty of metal worker.

3.  He continued his service through a reenlistment and an extension of enlistment.  The highest rank/grade he attained was specialist/E-4.

4.  He was honorably discharged from active duty on 5 September 1991.  His DD Form 214 shows he was retained on active duty 32 days as essential to national security per 10 U.S.C. 673c.  He completed a total of 8 years, 1 month, and 23 days of creditable active service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Army Service Ribbon, Army Commendation Medal, Army Achievement Medal with 1st oak leaf cluster (OLC), Army Good Conduct Medal (2nd Award), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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 9 January to 27 June 1991.

7.  He provided a DD Form 214 and a letter from a noncommissioned officer veteran (the rank of staff sergeant at the time).  The letter indicates they served together at Fort Knox, KY in the 76th Heavy Equipment Maintenance Company from 1988 to 1991 during the time the unit was deployed to Saudi Arabia.  In the letter this former noncommissioned officer chronicled a number of events that occurred in Saudi Arabia during the deployment.  He also stated the applicant was there with the unit during the period 12 January 1991 until August 1991.

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 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)

9.  The Kuwait Liberation Medal-Saudi Arabia 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.  Kuwait Liberation Medal-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.  While the Persian Gulf War Roster does not show the specific countries of service, it shows the applicant served in the Persian Gulf War during the period 9 January to 27 June 1991.  A noncommissioned officer veteran who was in his same unit indicated in a letter of support that they served together in Saudi Arabia from 12 January 1991 to August 1991.  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 9 January to 27 June 1991 on his DD Form 214. 

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 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 SAUDI ARABIA FROM 19910109-19910627."

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 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 this award.

4.  The available evidence also shows he completed a qualifying period of service for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to have his DD Form 214 corrected 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 SWASM with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait; and

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19910109-19910627."




      _______ _  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)                                         AR20100029630



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ABCMR Record of Proceedings (cont)                                         AR20100029630



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