IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110002611 


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 reflect his service in Korea and Saudi Arabia.

2.  The applicant states his DD Form 214 does not reflect his tour in Korea or his deployment to Saudi Arabia.  He is applying for Department of Veterans Affairs benefits but he is stalled due to his records not being complete.

3.  The applicant provides no additional evidence.

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 31 July 1986.  Upon completion of initial entry training he was awarded military occupational specialty 11B (Infantryman).

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Hawaii from 12 November 1986 to 10 April 1990 (3 years, 
4 months, and 29 days) and in Korea from 16 May 1990 to 13 April 1991 
(10 months and 28 days) for a total of 4 years, 3 months, and 27 days of foreign service.

4.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and Guard members, the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  This data base shows he served in Southwest Asia (SWA) from 1 September 1992 to 31 December 1992 
(4 months).

5.  He was discharged on 22 August 1994.  Item 12f (Foreign Service) of his DD Form 214 shows 4 years, 3 months, and 27 days and item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows: 

* Army Achievement Medal
* Army Good Conduct Medal (2nd award)
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon (2nd award)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Infantryman Badge

6.  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.  It provides standardized policy for the preparation of the DD Form 214 and states:

	a.  that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f; and

	b.  that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Southwest Asia Service Medal (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).

	b.  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.

	c.  the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect his service in Saudi Arabia and Korea has been carefully reviewed.

2.  The information contained in the DMDC, which is an official data base used to verify service in SWA during the time frame he served there, confirms he served in SWA from 1 September 1992 to 31 December 1992.  This information should be used to correct item 18 of his DD Form 214 to show his dates of deployment to SWA.

3.  Based on his service in SWA, he is entitled to the SWASM with one bronze service star and the KLM-K.  These awards should be added to his DD Form 214.

4.  Evidence confirms he served in Korea from 16 May 1990 to 13 April 1991.  Therefore, he is also entitled to correction of his DD Form 214 to show the KDSM.

5.  Item 12f of his DD Form 214 shows 4 years, 3 months, and 27 days of foreign service which corresponds to his service in Hawaii and Korea.  This entry does not reflect the additional 4 months of foreign service as a result of his service in SWA.  Therefore, it would be appropriate to correct item 12f to show 4 years, 
7 months, and 27 days.

6.  He also requests to have his service in Korea entered in his DD Form 214; however, this service was a result of a permanent change of station and not a deployment.  The governing regulation provides that only deployments are to be shown in item 18 of the DD Form 214.  Therefore, this portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal - Kuwait, and the Korea Defense Service Medal;

	b.  amending item 12f of his DD Form 214 to show 4, years, 7 months, and 
27 days; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19920901 - 19921331."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 18 of his DD Form 214 to show his service in Korea.




      _________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)                                         AR20110002611



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ABCMR Record of Proceedings (cont)                                         AR20110002611



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