IN THE CASE OF:	  

		BOARD DATE:	    18 August 2011

		DOCKET NUMBER:  AR20110002396 


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 that she served in support of Operation Desert Shield/Desert Storm and all of her authorized awards and decorations.

2.  The applicant states she deployed overseas during the period September 1990 to April 1991; however, her overseas service and awards are not recorded on her DD Form 214.  She adds that she is applying for government employment and it's important that her overseas service and awards are properly recorded on her DD Form 214.

3.  The applicant provides no additional documentary evidence in support of her request.

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 (RA) for a period of 3 years on
22 November 1983.  She was awarded military occupational specialty 94B (Food Service Specialist).  She reenlisted in the RA for a period of 4 years on
9 September 1986 and continued to serve on active duty through 10 June 1991.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) that she served in:

* Germany from 16 April 1984 through 13 October 1985
* Germany from 7 January 1987 through 22 January 1990
* Saudi Arabia from 12 September 1990 through 12 April 1991

	b.  item 9 (Awards, Decorations, and Campaigns) that she was awarded or authorized the Army Service Ribbon, Overseas Service Ribbon (2nd Award), Good Conduct Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon, Army Achievement Medal (3rd Award), Army Commendation Medal, and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar; and

	c.  item 35 (Record of Assignments) that she was assigned to Company C, 426th Supply and Transportation Battalion, Fort Campbell, Kentucky, from
9 March 1990 through 9 June 1991.

4.  The applicant's DD Form 214 shows she entered this period of active duty on 22 November 1983 and she was honorably discharged on 10 June 1991.  She completed 7 years, 6 months, and 19 days of net active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon (2nd Award), Army Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, Army Lapel Button, Army Achievement Medal (2nd Oak Leaf Cluster) [3rd Award], and Army Commendation Medal.

	b.  Item 18 (Remarks) does not show that she deployed with her unit to Southwest Asia (Saudi Arabia).

5.  A review of the Gulf War Deployment Roster shows the applicant's period of deployment as 1 August 1990 to 13 April 1991.
6.  There is no evidence in the applicant's military personnel records that shows she was awarded the National Defense Service Medal, Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), or Kuwait Liberation Medal (Kuwait).

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

   b.  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.  

	    (1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

       (2)  Table B-1 contains a list of Southwest Asia Conflict campaigns and it shows that during the applicant's tour in Southwest Asia (Saudi Arabia) she participated in the following campaigns:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 - 30 November 1995)

	c.  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.

	d.  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.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.
	a.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief/Enlisted Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214.

		(1)  Item 13 stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry would be verified by the Soldier's records; do not use abbreviations.

		(2)  Item 18 stated to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also stated 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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show she served overseas in support of Operation Desert Shield/Desert Storm and all of her authorized awards and decorations.

2.  The Gulf War Deployment Roster shows the applicant's period of deployment to Southwest Asia as 1 August 1990 to 13 April 1991.  However, item 5 of her
DA Form 2-1 shows she served in Saudi Arabia from 12 September 1990 through 12 April 1991.  Thus, based on the available evidence, it is concluded that the applicant actually served in Saudi Arabia from 12 September 1990 through 12 April 1991.

3.  The evidence of record shows the applicant qualified for award of:

   a.  the National Defense Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait); and

	b.  the Southwest Asia Service Medal and that she served in three campaigns during her service in Saudi Arabia.  Thus, she is entitled to award of the Southwest Asia Service Medal with three bronze service stars.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show her overseas service and all of her awards and decorations, as recommended 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 her DD Form 214 the National Defense Service Medal, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait); and

	b.  adding to item 18 of her DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19900912-19910412."




      _______ _   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)                                         AR20110002396



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ABCMR Record of Proceedings (cont)                                         AR20110002396



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