IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003511 


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 foreign service in Iraq.

2.  The applicant states he served in Iraq for the period December 1990 through May 1991.

3.  The applicant provides a copy of his reassignment orders and Section VII (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record).

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 8 May 1990.  He completed basic combat and advanced individual training and was awarded military occupational specialty 31V (Unit Level Communication Maintainer).  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 187th Infantry Regiment, Fort Campbell, KY.

3.  On 7 May 1994, he was honorably released from active duty for completion of required active service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 4 years of creditable active service.  This form further shows in:

* Item 12f (Foreign Service) the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Qualification Badge with Hand Grenade Bar 
* Item 18 (Remarks) has no entry for service in a designated hostile fire pay/imminent danger pay (HF/IDP) area

4.  On 9 August 2011, the Defense Finance and Accounting Service was unable to confirm the applicant received HF/IDP and combat zone tax exclusion for service in Iraq.

5.  The Defense Manpower Data Center 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 Reserve/National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.

6.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia for the period 1 October 1990 to 15 April 1991.

7.  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 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)
8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states item 12 shows the Record of Service.  Item 12f shows the total amount of foreign service completed during the period covered in by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD - YYYMMDD).”

9.  Army Regulation 600-8-22 states 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.

10.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his period of deployment to Iraq was carefully considered and determined to have merit.

2.  The Desert Shield/Storm Data Base shows he served in Southwest Asia for  the period 1 October 1990 to 15 April 1991.  Therefore, it would be appropriate to amend his DD Form 214 to show this period of service.

3.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of the Southwest Asia Service Medal.  Evidence also shows he participated in three campaigns while serving in Southwest Asia.  Therefore, he is entitled to correction of his DD Form 214 to show the Southwest Asia Service Medal with three bronze service stars.

4.  The applicant served a qualifying period for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Based on the foregoing, it would be appropriate to amend his DD Form 214 to show the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).


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.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  06  15"; 

   b.  adding the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait) to item 13 of his DD Form 214; and 
   
   c.  adding to item 18 of his DD Form 214 the entry "Service in Iraq from 19901001 – 19910415."
   



      
      _______ _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)                                         AR20110003511



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ABCMR Record of Proceedings (cont)                                         AR20110003511



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