IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008030 

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 award of the Southwest Asia Service Medal and Kuwait Liberation Medal.

2.  He states he earned these medals during combat overseas in support of Operation Desert Shield/Storm.

3.  The applicant provides 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 26 September 1990.  
  
3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 
5 (Overseas Service) he served in Korea from 25 June 1993 to 23 September 1994.

4.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991.  

5.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period 31 December 1990 to 24 April 1991.

6.  On 25 September 1994, he was honorably released from active duty at the expiration of his term of service.  He had completed 4 years of creditable active service.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) he had 1 year, 2 months, and 28 days of foreign service during his period of service;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Overseas Service Ribbon
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)

	c.  item 18 (Remarks) does not list the location of his foreign service.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  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)

8.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  His record contains two certificates showing:

a.  Permanent Orders Number 03-2, issued on 20 January 1993, awarded
him the Army Achievement Medal for the period 1 September 1990 through 15 June 1993; and 
   
   b.  Permanent Orders Number 195-10, issued on 6 September 1994,
awarded him the Army Achievement Medal with 1st oak leaf cluster for meritorious service. 

10.  Army Regulation 600-8-22 states 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.

11.  Army Regulation 600-8-22 states 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.

12.  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:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and 

	b.  item 18, for an active duty Soldier deployed to a foreign country 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)."
13.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows he participated in three campaigns in support of Operation Desert Shield/Desert Storm from 31 December 1990 through 24 April 1991.  Therefore, he is entitled to award of the Southwest Asia Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these awards.

2.  His service in Southwest Asia also qualifies him for award of the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater 31 December 1990 to 24 April 1991 a period of 3 months and 25 days. Therefore, item 12f of his DD Form 214 should be corrected to show his foreign service as "010622" and Item 18 should be corrected to show his service in Southwest Asia by adding the entry "Service in Southwest Asia from 19901231 - 19910424."

4.  Evidence of record shows he was awarded the Army Achievement Medal with 1st oak leaf cluster.  Therefore, he is entitled to have his DD Form 214 corrected to show the second award of the Army Achievement Medal.

5.  His service in Korea qualifies him for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 from item 12f of his DD Form 214 the entry "01  02  28" and replacing it with "01  06  22";

	b.  adding to item 13 of his DD Form 214 the Army Achievement Medal (2nd award), Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Korea Defense Service Medal, and 

	c.  adding to item 18 of his DD Form 214 "SERVICE IN SOUTHWEST ASIA FROM  19901231 - 19910424."



      __________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)                                         AR20110006703





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ABCMR Record of Proceedings (cont)                                         AR20110008030



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