IN THE CASE OF:
BOARD DATE: 7 July 2011
DOCKET NUMBER: AR20100030077
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 Gulf War service.
2. The applicant states:
a. he needs his dates of service performed during Operation Desert Storm/Shield to receive a Persian Gulf Bonus; and
b. his DD Form 214 does not reflect his Gulf War service.
3. The applicant provides no additional documents.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military record shows he enlisted in the Regular Army on 27 March 1989. He was trained in and awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).
3. The applicants Official Military Personnel File (OMPF) contains no documents to show his dates of service in the Persian Gulf.
4. On 26 March 1993, he was released from active duty under the provisions of chapter 4, Army Regulation 635-200, by reason of expiration term of service. The DD Form 214 issued at that time shows he completed 4 years of creditable active duty service. Item 12f (Foreign Service) contains the entry 00 07 01.
5. Item 13 of the DD Form 214 shows he earned the following awards during his tenure on active duty:
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
6. During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Gulf War Roster. The applicants name is listed on this roster and it shows he served in the Persian Gulf from 28 August 1990 to 27 March 1991.
7. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions for Item 18 of the state that for active duty Soldiers deployed with his or her unit, the following entry will be made "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 9-14 of the awards regulation provides guidance on the award of the Kuwait Liberation Medal-Saudi
Arabia (KLM-SA). It states that the KLM-SA was granted by decree of the King of Saudi Arabia and accepted by the Deputy Secretary of Defense on 7 October 1991. It was awarded to members who served in support of Operation Desert Storm between 17 January 1991 and 28 February 1991.
9. Paragraph 9-15 of the awards regulation provides guidance on the award of the KLM-Government of Kuwait (KLM-KU). It states the Government of Kuwait offered the KLM-KU to members of the Armed Forces of the United States and the medal was accepted by the Secretary of Defense on 16 March 1995. It was awarded to members who served in support of Operation Desert Shield or Desert Storm between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to reflect his service in the Persian Gulf.
2. The evidence of record also shows he served in the Persian Gulf from 28 August 1990 to 27 March 1991, as evidenced by an entry on the Operation Desert Shield/Storm Personnel Roster. Therefore, it would also be appropriate add the entry "SERVICE IN SOUTHWEST ASIA FROM 19900828 TO 19910327" to item 18 of his DD Form 214 at this time.
3. The applicant's DD Form 214 currently lists the KLM among the list of awards shown in item 13. However, his service in the Persian Gulf entitles him to both the KLM-SA and KLM-KU. Therefore, his DD Form 214 should be amended at this time to show accurately document 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:
a. amending item 13 of his DD Form 214 by deleting the Kuwait Liberation Medal and adding the Kuwait Liberation Medal - Saudi Arabia, and Kuwait Liberation Medal- Kuwait;
b. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19900828 TO 19910327" to item 18; and
c. providing him a correction to his DD Form 214 that includes these changes.
_______ _ _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) AR20100030077
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ABCMR Record of Proceedings (cont) AR20100030077
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