IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002772 


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) for the period ending 20 March 1992 to show his overseas service in the Gulf War, award of the Southwest Asia Service Medal with two bronze service stars, both Kuwait Liberation Medals, and overseas service deployment number (taken to mean Overseas Service Ribbon).

2.  The applicant states he left the Continental U.S. on 4 October 1990 for Saudi Arabia and returned to the U.S. on 7 April 1991.  He adds that he believes the administrative section did not properly complete his DD Form 214 (Certificate of Release or Discharge from Active Duty) because of his character of service and he felt too bad to ask for help at the time.

3.  The applicant provides his DD Form 214, Headquarters, I Corps Permanent Orders 174-22, a sworn statement, a recommendation for an award for Desert Shield/Storm service, a leave and earnings statement, a vaccination record, an extract of a manifest report, photocopies of several pictures, Army Good Conduct Medal certificate, and a Commanders 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.  His military records show he enlisted in the Regular Army on 10 June 1981 and was released from active duty after completing 3 years.  He reenlisted in the Regular Army on 28 August 1987.  The highest rank/grade he held was sergeant/E-5. 

3.  Permanent Orders 174-22, dated 21 September 1990, show his unit received temporary change of station orders to Saudi Arabia effective upon receipt of a port call of about 9 September 1990.  An extract of a manifest report of those deploying Soldiers departing Fort Lewis, Washington with a destination of Saudi Arabia shows a date of 4 October 1990.

4.  A DA Form 638-1 (Recommendation for Award of LM and Below), dated 12 March 1991, shows a proposed award date of 30 March 1991 for the award recommendation for service in Operations Desert Shield/Storm. 

5.  He was discharged from active duty on 20 March 1992.  He completed a total of 4 years, 6 months, and 23 days creditable active service this period and 3 years prior active service.

6.  Item 12f (Foreign Service) of his DD Form 214 for the period ending 20 March 1992 contains the entry, "0000 00 00."

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the Army Service Ribbon, National Defense Service Medal, Army Achievement Medal with two oak leaf clusters, and Army Good Conduct Medal.

8.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War.  This list contains the applicant's name and shows he received hazardous duty pay during the period 1 October 1990 to 31 March 1991 for service in the Persian Gulf War.

9.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  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.  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 Operation Desert Storm between 17 January 1991 and 28 February 1991.

11.  The Kuwait Liberation Medal-Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

12. Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.

13.  Army Regulation 614-30, Overseas Service, table 3-2 states that Soldiers who serve 9 months continuous or 11 cumulative months in a 24-month period in isolated areas where tour lengths have not been established by DOD get credit for a completed tour.

14.  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 establishes standardized policy for the preparation of the DD Form 214.  It states that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).




DISCUSSION AND CONCLUSIONS:

1.  The Gulf War Roster shows he received hazardous duty pay sometime during the month of October 1990, but it does not show the exact date he arrived in country.  The applicant indicates he departed the Continental U.S. on 4 October 1990 and that is substantiated by the date on the manifest extract.

2.  Based on the ending month of his receipt of hazardous duty pay, the proposed date for presenting an award for service in support of Operations Desert Shield/Storm, and his statement that he returned from Southwest Asia to the Continental U.S. on 7 April 1991 it is reasonable to accept 7 April 1991 as the ending date for this period of overseas service.  As such, it would be appropriate to show he served overseas during the period 4 October 1990 to 7 April 1991 by changing item 12f of his DD Form 214 to show a total of 6 months and 4 days.  

3.  The available evidence indicates he served in the Persian Gulf War in a designated area during a qualifying time period to be authorized the Southwest Asia Service Medal and that he participated in two campaigns.  Therefore, he is entitled to the Southwest Asia Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

4.  He completed a qualifying period of service for the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi Arabia and is entitled to correction of his DD Form 214 to show these awards.

5.  There is no evidence he served more than 9 months of continuous or 11 cumulative months of service in Southwest Asia.  As such, there is an insufficient basis for award of the Overseas Service Ribbon and to add this award to his DD Form 214.

6.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Kuwait, and Kuwait Liberation Medal-Saudi Arabia to item 13 of this DD Form 214; and

	b.  amending item 12f of his DD Form 214 to show "0000 06 04."

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 adding the Overseas Service Ribbon to his DD Form 214.  




      _________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)                                         AR20110002772





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ABCMR Record of Proceedings (cont)                                         AR20110002772



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