BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20110000287 


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 the dates of service in Southwest Asia (SWA) shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states his DD Form 214 shows he served in SWA from 9 September 1989 to 6 May 1990.  His actual dates of service in SWA are 9 September 1990 to       6 May 1991.  He states the State of Ohio has passed a law to allow veterans of past and present conflicts in the Middle East an allotment for each month served in the region.  

3.  He provides his DD Form 214, a certificate from the XVIII Airborne Corps, an Army Commendation Medal (ARCOM) Certificate, and a Certificate of Achievement.

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.  After a period of service in the Army National Guard, the applicant enlisted in the Regular Army on 15 November 1988.  He was honorably released from active duty on 13 November 1992.  

3.  His Official Military Personnel File contains a memorandum for record (MFR), dated 11 November 1992, from Bravo Company, 25th Signal Battalion, Fort Bragg, NC, showing he was deployed with the unit to Saudi Arabia during the period 9 September 1989 to 6 May 1990 for Operation Desert Storm/Shield.  

4.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service) he served on temporary duty in Saudi Arabia from 9 September 1989 to 6 May 1990
* item 35 (Record of Assignments) he was assigned to Company B, 25th Signal Battalion, Fort Bragg, NC, from 14 July 1989 through his release from active duty in 1992

5.  His DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Southwest Asia Service Medal (SWASM) with two bronze service stars and the Kuwait Liberation Medal - Saudi Arabia
* item 18 (Remarks) the entry "SERVICE IN SWA: 890909-900506"

6.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The database shows he was deployed from 27 September 1990 through 6 May 1991.  

7.  The XVIII Airborne Corps certificate and the Certificate of Achievement he provides recognize him for his service in Operations Desert Shield and Desert Storm.

8.  The ARCOM Certificate he provides shows he was given the award for meritorious achievement in support of actions against a hostile force in the 


Persian Gulf during Operation Desert Storm while assigned to Company B, 25th Signal Battalion.

9.  Army Regulation 600-8-22 (Military Awards) states the SWASM 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)

10.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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 clearly shows errors in the years recorded in the MFR documenting his dates of service in Saudi Arabia during Operations Desert Shield and Desert Storm.  The error was transcribed onto his DA Form 2-1 and his DD Form 214.  

2.  Although the Desert Shield/Storm Database compiled by the DMDC shows he was deployed from 27 September 1990 through 6 May 1991, it appears the MFR is the more accurate record of the actual days and months of his deployment and return.  Therefore, he is entitled to correction of his DD Form 214 to show he served in SWA from 9 September 1990 to 6 May 1991. 

3.  He was awarded the SWASM and he served in the designated area during three designated campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show he is authorized to wear three bronze service stars on his SWASM.

4.  His service meets the criteria for award of the KLM-K.  Therefore, he is entitled to correction of his 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.  removing the entry "SERVICE IN SWA:  890909-900506" from item 18 of his DD Form 214 and adding the entry "SERVICE IN SWA:  900909-910506" and

	b.  removing the entry "SOUTHWEST ASIA SERVICE MEDAL W/BRONZE SERVICE STAR-2" from item 13 of his DD Form 214 and adding the KLM-K and SWASM with three bronze service stars.



      _______ _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)                                         AR20110000287





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ABCMR Record of Proceedings (cont)                                         AR20110000287



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