IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110003763
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 that his participation in Operation Desert Storm and appropriate ribbons be added to his DD Form 214 (Certificate of Release or discharge from Active Duty).
2. The applicant states he served in combat and earned ribbons that are not on his DD Form 214.
3. The applicant provides a copy of orders showing that he was authorized to travel from his Operation Desert Storm deployment location for emergency leave due to his father's illness.
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 applicants 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 applicants 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 12 September 1990. He completed training as an artilleryman and started airborne training as Fort Benning, Georgia but became medically disqualified in January 1991.
3. He either deployed with or joined A Battery, 2nd Battalion, 18th Field Artillery in Southwest Asia.
4. Defense Finance and Accounting Service records indicate that he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for the period 1 February through 31 March 1991.
5. The emergency leave orders show he left the area on or about 17 March 1991.
6. He was awarded the Army Achievement Medal at Fort Sill, Oklahoma on 12 August 1991 for his work in preparation for a platoon evaluation during the period 10 April through 4 December 1992.
7. His DA Form 2-1 (Personnel Qualification Record) lists his awards as the Army Service Ribbon, National Defense Service Medal, Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.
8. He was separated, 30 October 1992, with an honorable discharge. His DD Form 214 shows his awards as the Army Service Ribbon, National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.
9. Army Regulation 600-8-22 (Military Awards) states:
a. 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 campaigns include the Liberation and Defense of Kuwait (17 January to 11 April 1991);
b. 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;
c. 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;
10. Army Regulation 635-5 (Separation Documents) provides the instructions for preparing the DD Form 214. It requires an item 18 (remarks) entry showing deployment in the following format, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his participation in Operation Desert Storm and any combat action ribbons be added to his DD Form 214
2. The finance records show he received HF/DP and CZTE from 1 February through 31 March 1991, and his leave form indicates he departed the theater on or about 17March 1991. This is sufficient evidence to make an appropriate deployment entry in item 18 and add the authorized campaign awards to his DD Form 214.
3. His individual award of the Army Achievement Medal should also be added to 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 that all Department of the Army records of the individual concerned be corrected by:
a. adding the Army Achievement Medal, Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait to his DD Form 214;
b. adding in item 18 of his DD Form 214 an entry showing SERVICE IN SAUDI ARABIA/KUWAIT FROM 19910201-19910317.
_______ _ 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) AR20110003763
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ABCMR Record of Proceedings (cont) AR20110003763
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