IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110006328 


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 or Release or Discharge from Active Duty) to show he participated in combat operations and to show the Army Superior Unit Award (ASUA). 

2.  He states two Army Commendation Medal (ARCOM) certificates show he was involved in combat operations.  He has been denied service connection for post-traumatic stress disorder, and a Department of Veterans Affairs Regional Office stated he did not participate in combat.  He states he was awarded the ASUA but it is not shown on his DD Form 214.

3.  He provides:

* memoranda pertaining to award of the ASUA to the 202d Military Intelligence (MI) Battalion
* a list of Soldiers assigned or attached to the 202d MI Battalion during the period covered by the ASUA
* an ASUA certificate and citation
* two ARCOM certificates
* 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, 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 December 1985.  He was honorably released from active duty on 2 June 1995 after completing 9 years and 6 months of active military service.

3.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The database shows he was deployed with the 1st Armored Division from 1 January through 20 May 1991.  

4.  The 1st Armored Division's website includes a brief history of the division's role in Desert Shield/Storm.  The history shows the division had moved Soldiers and equipment into Saudi Arabia prior to entering Iraq on 24 February 1991.  

5.  His record includes an ARCOM certificate showing he was cited for his exceptionally meritorious achievement during combat operations conducted in Iraq and Kuwait during the period 14 January to 28 February 1991.

6.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Company A, 202d MI Battalion, Fort Monmouth, NJ, on 13 July 1992.  Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 shows he was assigned to that unit when he was released from active duty in 1995.

7.  Department of the Army General Orders Number 1, dated 1996, cited the 202d MI Battalion for award of the ASUA for the period 1 October 1992 to 30 December 1993.

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

* ARCOM (2d Award)
* Army Achievement Medal (3d Award)
* Army Good Conduct Medal (2d Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

9.  Army Regulation 635-5 (Personnel Separations - 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.  It states that 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)" in block 18 (Remarks) of the DD Form 214.

10.  Review of the applicant's records indicates entitlement to additional decorations that are not shown in item 13 of his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia 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 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 (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.

13.  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 evidence supports the applicant's request for correction of his record to show he was deployed in the combat theater during Operation Desert Shield/Storm and to show he is entitled to the ASUA.

2.  The Desert Shield/Storm Database shows he was deployed with the 1st Armored Division from 1 January through 20 May 1991.  The 1st Armored Division deployed to Saudi Arabia in preparation for entering Iraq, and an ARCOM certificate shows he also served in combat operations in Iraq and Kuwait.  Accordingly, it would be appropriate to add an entry in item 18 of his DD Form 214 to show he served in Saudi Arabia, Iraq, and Kuwait during the period 1 January through 20 May 1991.  

3.  The applicant was assigned to the 202d MI Battalion during a period for which the unit was cited for award of the ASUA.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The record shows the applicant participated in Desert Shield/Storm, and his service coincided with three campaigns.  Therefore, he is entitled to correction of his record to show the SWASM with three bronze service stars.

5.  The applicant served a qualifying period of service for the KLM-SA and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these medals.

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 to item 13 of his DD Form 214 the:

* SWASM with three bronze service stars
* ASUA
* KLM-SA
* KLM-KU

	b.  adding to item 18 of his DD Form 214 the statement "SERVICE IN SAUDI ARABIA/IRAQ/KUWAIT FROM 19910101 - 19910520."



      __________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)                                         AR20110006328





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ABCMR Record of Proceedings (cont)                                         AR20110006328



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