BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110005685 


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, in effect, correction of item 18 (Remarks) of her 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her period of deployment in Southwest Asia.  She also requests all awards and decorations to which she may be entitled for this service.

2.  The applicant states:

* Her Operation Desert Shield/Storm service is not shown anywhere on her 
DD Form 214 except in item 12f (Foreign Service)
* The error has prevented her from receiving additional points for General Schedule (GS) Federal positions

3.  The applicant provides:

* DD Form 214
* Two DD Forms 1610 (Request and Authorization for TDY Travel of 
DOD Personnel)
* DA Form 2-1 (Personnel Qualification Record)
* DA Form 4036-R (Medical and Dental Preparation for Oversea Movement) 





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.  She enlisted in the Regular Army on 20 July 1990, served as an administrative specialist, and she was honorably released from active duty on 
1 April 1991. 

3.  Item 12f of her DD Form 214 shows she had 1 month and 29 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Army Service Ribbon and National Defense Service Medal as authorized awards.  Item 
18 does not show any deployments.

4.  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 and National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm.

5.  The Operations Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 October 1990 to 
28 February 1991.  However, by separate correspondence on 3 October 2011, the applicant states she served in Southwest Asia from 25 December 1990 to 
22 February 1991 (a total of 1 month and 29 days).  

6.  She provided a DD Form 1610, dated 6 December 1990, which shows she was attached to Fort Hood, TX for deployment with her unit to Southwest Asia in support of Operation Desert Shield.  The reporting date was no later than 
13 December 1990.

7.  Her DA Form 2-1 shows she departed Fort Hood, TX, on 13 December 1990 in support of Operation Desert Shield. 

8.  She also provided a DD Form 1610, dated 21 February 1991, which shows her official station was Dhahran, Saudi Arabia and she was to proceed on or about 21 February 1991 to Fort Hood, TX. 

9.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 October 1995)

10.  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.

11.  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.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  She contends her overseas service during Operation Desert Shield/Storm is not shown anywhere on her DD Form 214 but it is shown as foreign service in item 12f of her DD Form 214 (1 month and 29 days).


2.  Although the DMDC shows she served in Southwest Asia from 1 October 1990 to 28 February 1991, the applicant states she served in Southwest Asia from 25 December 1990 to 22 February 1991 for a total of 1 month and 29 days.  Therefore, item 18 of her DD Form 214 should be corrected to show she served in Southwest Asia from 25 December 1990 to 22 February 1991.

3.  Based on her service in Southwest Asia, she is authorized the SWASM with two bronze service stars, KLM-SA, and KLM-KU.  Her DD Form 214 should be corrected to show these awards.

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 SWASM with two bronze service stars, KLM-SA, and KLM-KU to item 13 of her DD Form 214; and 
   
	b.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901225-19910222" to item 18 of her 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)                                         AR20110005685



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ABCMR Record of Proceedings (cont)                                         AR20110005685



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