IN THE CASE OF:	  

		BOARD DATE:	  14 September 2011

		DOCKET NUMBER:  AR20110004411 


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 add the Southwest Asia Liberation Medal [correctly known as the Southwest Asia Service Medal] and all other awards to which he is entitled.

2.  The applicant states he served in Operation Desert Shield and Operation Desert Storm.

3.  The applicant provides a certified true copy of his DD Form 214.

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, and 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 6 August 1987.  He held military occupational specialty 13F (fire support specialist).

3.  Headquarters, 3rd Battalion, 1st Field Artillery, Permanent Orders 12-16, dated 24 November 1989, awarded the applicant the Army Achievement Medal with 1st Oak Leaf Cluster.

4.  The applicant deployed and served in the Gulf War during the period 1 January 1991 through 4 May 1991.

5.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Order Number 154-005, dated 2 June 1992, awarded the applicant the Air Assault Badge.

6.  On 19 March 1993, the applicant was honorably released from active duty in the rank of sergeant/E-5 at his expiration of term of service.

7.  Item 13 (Decorations Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following:

* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon (2nd Award)
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button
* National Defense Service Medal
* Army Commendation Medal

8.  A review of the applicant's record shows he is entitled to additional awards and decorations.

9.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operations Desert Shield/
Desert 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 or National Guard member or retiree who was activated or federalized in response to Operations Desert Shield/Desert Storm.

10.  The applicant's name appears in the DMDC data base.  The data base shows he was deployed in support of Operations Desert Shield/Desert Storm during the period 1 January 1991 through 4 May 1991.

11.  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)

12.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and 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.

13.  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.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  For an active duty Soldier deployed with his or her units during their continuous period of service, enter "SERVICE IN (name of county deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to add the Southwest Asia Service Medal and all other awards to which he is entitled was carefully considered and determined to have merit.

2.  Orders show the applicant was awarded the Army Achievement Medal with 1st Oak Leaf Cluster.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Army Achievement Medal with 1st Oak Leaf Cluster.

3.  Orders show the applicant was awarded the Air Assault Badge.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Air Assault Badge.

4.  Records show the applicant was deployed and served in Operations Desert Shield/Desert Storm during the period of time qualifying for the Southwest Asia Liberation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The applicant participated in two campaigns while serving in Operations Desert Shield/Desert Storm.  Therefore, he is entitled to have his DD Form 214 corrected to show two bronze service stars for wear on the Southwest Asia Service Medal.

6.  The applicant served in the Gulf War during the period of time qualifying for the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

7.  Army Regulation states that deployed Soldiers are entitled to have their deployment periods listed on their DD Forms 214.  Therefore, he is entitled to have his DD Form 214 corrected to show the period of his deployment during the period 1 January 1991 through 4 May 1991.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 following awards to item 24 of his DD Form 214:

* Army Achievement Medal (2nd Award)
* Air Assault Badge
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	b.  adding the statement "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910504" to item 18 of 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)                                         AR20110004411



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ABCMR Record of Proceedings (cont)                                         AR20110004411



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