IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20100029815 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in the Persian Gulf.

2.  The applicant states she served in the Persian Gulf during Operation Desert Storm during the period October 1990 to April 1991.

3.  The applicant provides a copy of her DD Form 214 and a 44th Medical Brigade, Operation Desert Storm certificate.

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 25 July 1989.  She completed basic and advanced individual training and she was awarded military occupational specialty 91A (Medical Specialist).  The highest rank/grade she attained while serving on active duty was specialist (SPC)/E-4.

3.  The applicant was honorably released from active duty on 1 August 1991 after completing 2 years and 7 days of creditable active service.  Her DD Form 214 shows in:

	a.  Item 12f (Foreign Service) the entry "00  00  00" indicating no foreign service completed during her period of service;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

	c.  Item 18 (Remarks) no deployment entry.

4.  The Gulf War Roster contains the applicant's name and shows she served in Southwest Asia from 1 October 1990 through 24 April 1991.  This period of deployed service equals 6 months and 24 days.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II), shows in item 5 (Overseas Service) the entry:

FROM
THRU
AREA AND COUNTRY
MO(NTHS)
TYPE
901011
(blank)
AMEA - Saudi Arabia
3
TDY
6.  Item 35 (Record of Assignments) of her DA Form 2-1 shows that effective
11 October 1990, she was assigned to the 47th Combat Support Hospital (CSH) performing duties in MOS 91A as a medical specialist.  "TDY" is annotated next to the medical specialist principal duty title.

7.  A review of her service record shows no derogatory information in the form of time lost, nonjudicial punishment, suspension of favorable personnel actions, or a commander's disqualification that would disqualify her for the first award of the Army Good Conduct Medal during the period 25 July 1989 through 1 August 1991.
8.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that for:

	a.  item 12f, enter the total amount of foreign service completed during their continuous period of active service;

	b.  item 13, enter all decorations, badges, citations, and campaign ribbons awarded and authorized for all periods of service; and

	c.  for 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)."

9.  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; and

	d.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War from 1 October 1990 through 24 April 1991.  Therefore, she is entitled to correction of her DD Form 214 to show this period of service.

2.  Based on her service in Southwest Asia she is entitled to the Southwest Asia Service Medal, Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Kuwait.  She also participated in three campaign phases during her service in Southwest Asia.  Therefore, she is entitled to correction of her DD Form 214 to show the:

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

3.  The applicant’s record is void of any derogatory information or a unit commander's disqualification that would have precluded her from receiving the AGCM.  Therefore, it would be appropriate at this time to award her the Army Good Conduct Medal (1st Award) for the period 25 July 1989 through 1 August 1991 and to correct her DD Form 214 to show this award.

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.  deleting from item 12f of her DD Form 214 the entry "00 00  00" and replacing it with the entry "00  06  24";

	b.  awarding her the Army Good Conduct Medal (1st Award) for the period
25 July 1989 through 1 August 1991;

	c.  adding to item 13 of her DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation - Kuwait

	d.  adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 – 19910424."



      ____________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)                                         AR20100029815



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ABCMR Record of Proceedings (cont)                                         AR20100029815



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