IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004654 


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 service in Southwest Asia and Haiti and his award of the Southwest Asia Service Medal (SWASM).

2.  The applicant states he deployed to the Persian Gulf with a forward support battalion and to Haiti with an aviation unit.  However, his DD Form 214 does not reflect those deployments or his award of the SWASM.

3.  The applicant provides no additional supporting documents with 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 enlisted in the Regular Army on 3 August 1988.  He completed his training and he was awarded military occupational specialty 52C (utility equipment repairer).

3.  Information obtained from alternate sources show that he deployed to Southwest Asia from 1 August 1990 through 15 March 1991.  There is no evidence in the available record and he did not provide any evidence that show he deployed to Haiti.

4.  On 12 June 1996, he was honorably discharged at the completion of his required service.  He served 7 years, 10 months, and 10 days of creditable active service.  Item13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his discharge shows the:

* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Medal
* Overseas Service Ribbon
* Driver and Mechanic Badge
* Army Lapel Button

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that only the last unit of assignment will be entered on the DD Form 214.  There are no provisions for entering multiple units of assignment on the DD Form 214.  However, it does provide that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 (Remarks) the statement:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

6.  Army Regulation 600-8-22 (Military Awards) states the SWASM 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)

7.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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 contentions have been noted and appear to have partial merit. The evidence of record clearly shows he served in Southwest Asia (SWA) during two campaigns from 19900801 through 19910315. Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

2.  Records show he served in SWA during two campaign phases.  Therefore, he is entitled to the SWASM with two bronze service stars and correction of his DD Form 214 to show this award.

3.  He also participated in the Persian Gulf War for entitlement to the KLM-SA and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these foreign awards.

4.  While the sincerity of the applicant’s claim that he served in Haiti is not in question, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he served in Haiti.  Therefore, in the absence of such evidence, there appears to be no basis to add a deployment to Haiti to his DD Form 214.

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 to item 13 of his DD Form 214 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	b.  adding to item 18 of his DD Form214 the entry “Service in Southwest Asia from 19900801 - 19910315.”

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 showing a deployment to Haiti on 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)                                         AR20110004654



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ABCMR Record of Proceedings (cont)                                         AR20110004654



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