IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20110006153 


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 reflect his service in Southwest Asia (SWA) during Operations Desert Shield/Desert Storm.

2.  The applicant states he participated in the Gulf War; however, his DD Form 214 makes no reference to that service.

3.  The applicant provides a copy of his DD Form 214, a copy of his evaluation reports, and a newspaper article in Spanish.

0CONSIDERATION 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 30 November 1983 for a period  of 3 years and training as a cannon crewman.  He completed one-station unit training at Fort Sill, Oklahoma and was transferred to Fort Polk, Louisiana, for his first assignment.

3.  He served in Korea from 18 May 1988 to 17 May 1989 and was then transferred to Fort Stewart, Georgia.

4.  He deployed to SWA with his unit from 1 October 1990 to 23 March 1991 (5 months and 23 days) and served during two campaigns before he returned with his unit to Fort Stewart.

5.  On 2 September 1992 he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-8 (Qualitative Retention Program).  He completed 8 years, 9 months, and 3 days of active service.  His DD Form 214 issued at the time of his discharge reflects that he was awarded the Army Achievement Medal with 1st Oak Leaf Cluster, Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 2, National Defense Service Medal, Overseas Service Ribbon, and his marksmanship qualification badges.  His DD Form 214 contains no entries regarding his service in SWA.  It also shows he had 1 year of foreign service.

6.  Army Regulation 600-8-22 (Military Awards) states the SWA Service Medal (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 of operations 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)
* SWA 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.
9  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that it is mandatory that an entry be placed in block 18 (Remarks) of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  The entry will consist of "SERVICE IN (name of country deployed) FROM YYYYMMDD-YYYYMMDD)."  Block 12f (foreign service) will show all foreign service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and found to have merit.  The applicant served in SWA from 1 October 1990 to 23 March 1991.  Accordingly, he is entitled to have his records corrected to reflect this service.

2.  As a result, he is entitled to awards of the SWASM with two bronze service stars, KLM-SA, and KLM-KU for this service.

3.  He also served a tour of duty in Korea and thus is entitled to award of the KDSM.

4.  Additionally, the entry "SERVICE IN SWA FROM 901001-910323" should be entered in block 18 of his DD Form 214, and block 12f should be amended to show 1 year, 5 months, and 23 days of foreign service. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* adding the KDSM, SWASM with two bronze service stars, KLM-SA, and KLM-KU to his DD Form 214
* adding the entry "SERVICE IN SWA FROM 901001-910323" to block 18 of his DD Form 214
* correcting block 12f to show 1 year, 5 months, and 23 days of foreign service

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Gulf War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20110006153



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ABCMR Record of Proceedings (cont)                                         AR20110006153



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