BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110005857 


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 records to show he served overseas in Southwest Asia (SWA) in support of Operation Desert Shield/Desert Storm.  He also requests award of the Southwest Asia Service Medal and Meritorious Unit Commendation.

2.  The applicant states he was assigned to the 62nd Supply and Service Company; deployed from Fort Hood, TX to Iraq; and served overseas from
1 October 1990 to 15 April 1991.

3.  The applicant provides a copy of his separation document and the results of an Operation Desert Shield/Desert Storm database inquiry.

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 for a period of 4 years on              4 October 1988.  He was awarded military occupational specialty 57F (Graves Registration Specialist).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service):  Saudi Arabia from 27 September 1990; however, the entry is lined through (i.e., deleted);

	b.  item 9 (Awards, Decorations and Campaigns):  Army Service Ribbon, National Defense Service Medal, Good Conduct Medal, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, and First Class [Sharpshooter] Marksmanship Qualification Badge with Hand Grenade Bar; and

   c.  item 35 (Record of Assignments):  62nd Supply and Service Company, Fort Hood, TX, from 31 January 1989 through 28 January 1992.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 4 October 1988, was honorably released from active duty on 29 January 1992, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years, 3 months, and 26 days of net active service.  It also shows in:

   a.  item 12 (Record of Service), block f (Foreign Service):  "00 00 00" (i.e., no overseas service);

   b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):  Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar; and

   c.  item 18 (Remarks) does not show that he served in SWA.

5.  In support of his request, the applicant provides a National Personnel Records Center, Results of Desert Shield/Desert Storm Database Inquiry, printed 9 January 2009, that shows the Defense Management Data Center confirmed he served 197 days in the Desert Shield/Desert Storm theater of operations from 
1 October 1990 to 15 April 1991.

6.  Information retrieved from the Gulf War Deployment Roster shows the applicant was deployed to SWA with the 62nd Supply and Service Company (WEYNAA) from 1 October 1990 through 15 April 1991.

7.  Headquarters, Department of the Army, Washington, DC, General Orders Number 14, dated 25 June 1993, awarded the Meritorious Unit Commendation
to the 62nd Quartermaster Company (previously the 62nd Supply and Service Company) for exceptionally meritorious conduct in the performance of outstanding service during the period 12 October 1990 to 14 April 1991.

8.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation also provides that:

	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.  

	    (1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

       (2)  Table B-1 contains a list of SWA Conflict campaigns and it shows that during the applicant's tour in SWA he participated in the following campaigns:

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

   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; and

   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 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed 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 established standardized policy for preparing and distributing the DD Form 214.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for:

       (1)  item 12:  use extreme care in completing this block since post-service benefits, final pay, and retirement credit are based upon the information contained herein;
   
       (2)  item 12, block f:  enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., item 12, block c).  Obtain the foreign service listed in Section I of the DA Form 4037 (Officer Record Brief) for officers or item 5 of the DA Form 2-1 for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ and/or OMPF; and

       (3)  item 13:  entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedence.

       (4)  The current version of the regulation states, for item 18, use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The Gulf War Deployment Roster confirms the applicant served overseas in SWA from 1 October 1990 through 15 April 1991.  A calculation of this period of service shows it equates to 6 months and 15 days.  Therefore, it would be appropriate to correct:

   a.  item 12, block f, of the applicant's DD Form 214 to show this foreign service; and
   
   b.  item 18 to show he served in SWA from 1 October 1990 through 15 April 1991.

2.  Records show the applicant served a qualifying period in SWA for award of the Southwest Asia Service Medal and he served in SWA during three campaigns.  Therefore, it would be appropriate to correct his records to show award of the Southwest Asia Service Medal with three bronze service stars.

3.  Records show the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Sharpshooter (1st Class) with the Hand Grenade.  Therefore, it would be appropriate to correct his records to show these two foreign service medals and the qualification badge.

4.  General orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

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.  deleting the current entry in item 12, block f, of his DD Form 214 and adding the entry "00  06  15;"

   b.  adding to item 13 of his DD Form 214 the:

* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Meritorious Unit Commendation

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910415."



      _______ _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)                                         AR20110005857



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ABCMR Record of Proceedings (cont)                                         AR20110005857



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