BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110003569 


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 his record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by documenting his service in Southwest Asia (SWA) and all awards due based on this service.  

2.  The applicant states he served in the Gulf War and was authorized awards based on this service; however, neither his SWA service nor the awards he earned as a result of this service were documented in his record and DD Form 214. 

3.  The applicant provides his DA Form 2-1 (Personnel Qualification Record) in support of his application.  

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’s record shows he entered active duty in the Regular Army on 
8 June 1987, and was trained in and awarded military occupational specialty (MOS) 31L (Wire Systems Installer).  

3.  The applicant’s DA Form 2-1 shows while assigned to Germany with Company C, 123 rd Signal Battalion, he served on temporary duty (TDY) in Saudi Arabia from 4 November 1990 through 17 April 1991.  

4.  On 1 July 1991, the applicant was honorably released from active duty after completing 4 years and 24 days of active military service.  Item 13 of the DD Form 214 he was issued at the time shows he earned the following awards:

* National Defense Service Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar.  

5.  Item 18 (Remarks) does not include an entry documenting the applicant’s deployed service in SWA.  

6.  The Department of the Army Gulf War Deployment Roster contains an entry confirming the applicant served in SWA from 4 November 1990 through 17 April 1991.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for Item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-14 provides guidance on the SWASM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in SWA.  

9.  Appendix B of the awards regulation contains a list of SWA campaigns.  It shows during the applicant's tenure of assignment in SWA, participation credit with granted for the Defense of Saudi Arabia (2 August 1990-16 January 1991), Liberation and Defense of Kuwait (17 January-11 April 1991) and Southwest Asia Cease-Fire (12 April 1991-30 November 1995).  

10.  Paragraph 9-14 of the awards regulation contains guidance on the Kuwait Liberation Medal-Saudi Arabia (KLM-SA).  It states, in pertinent part, that it is authorized to members who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991.

11.  Paragraph 9-15 of the awards regulation contains guidance on award of the Kuwait Liberation Medal-Kuwait (KLM-KU).  It states, in pertinent part, that it is authorized to members who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his record and DD form 214 be corrected by documenting his SWA service and adding all awards due as a result has been carefully considered and found to have merit. 

2.  The evidence of record confirms the applicant served in SWA from 
4 November 1990 through 17 April 1991.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 to document this service by adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901104-19911117."

3.  Further, based on his service in SWA, he is eligible for the SWASM with three bronze service stars, KLM-SA and KLM-KU.  Therefore, it would also be appropriate to add these awards to item 13 of his DD Form 214.   

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 all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows;

   a.  item 13 – add the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait; and 

	b.  item 18 – add the entry "SERVICE IN SOUTHWEST ASIA FROM 19901104-19911117."



      ____________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)                                         AR20110003569



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ABCMR Record of Proceedings (cont)                                         AR20110003569



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