IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110008065
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 add the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU).
2. The applicant states:
* he served 7 months in the Persian Gulf during Operations Desert Shield/
Desert Storm
* he received a medal for each campaign and the Kuwait Liberation Medal, but these awards are not included on his DD Form 214
3. The applicant provides a newspaper article in the Buffalo News titled, "Desert Storm Honor Roll," which shows his military photograph with his name, rank, and age while in the Persian Gulf during Operation Desert Storm.
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. He enlisted in the Regular Army on 18 July 1989. He served as a cannon fire direction specialist and was honorably released from active duty on 17 July 1993.
3. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the SWASM,
KLM-SA, or KLM-KU. Item 18 (Remarks) 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. The Operations Desert Shield/Desert Storm data base compiled by the DMDC shows the applicant served in Southwest Asia from 1 September 1990 to 28 March 1991.
5. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is 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)
* Southwest Asia Cease-Fire (12 April 1991 to 30 October 1995)
6. Army Regulation 600-8-22 states the 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.
7. Army Regulation 600-8-22 states the 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.
8. 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. Based on his service in Southwest Asia, he is authorized the SWASM with two bronze service stars, KLM-SA, and KLM-KU. His DD Form 214 should be corrected to show these awards.
2. As a related issue, the entry from the DMDC is accepted as sufficient evidence with which to amend item 18 of his DD Form 214 to show his dates of service in Southwest Asia. Therefore, item 18 of this DD Form 214 should be corrected to show he served in Southwest Asia from 1 September 1990 to 28 March 1991.
BOARD VOTE:
__X_____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. adding the SWASM with two bronze service stars, KLM-SA, and KLM-KU to item 13 of his DD Form 214 and
b. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901-19910328" to item 18 of his 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) AR20110008065
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110008065
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090017210
The applicant requests that his service in Southwest Asia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. Army Regulation 600-8-22...
ARMY | BCMR | CY2011 | 20110006719
The applicant states: * he served in Operation Desert Storm and his DD Form 214 does not show the KLM-SA or KLM-KU * his DD Form 214 does show the Southwest Asia Service Medal * he may have separated from the Army before these awards were issued 3. 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. As a related issue, the...
ARMY | BCMR | CY2011 | 20110008427
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of items 12f (Foreign Service) and 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment dates in Southwest Asia. The entry from the DMDC is accepted as sufficient evidence with which to amend items 12f and 18 of his DD Form 214 to show his dates of service in Southwest Asia.
ARMY | BCMR | CY2011 | 20110011504
The applicant requests, in effect, correction of his dates of service in Southwest Asia shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The entry from the DMDC is accepted as sufficient evidence with which to amend items 12f and 18 of his DD Form 214 to show his dates of service in Southwest Asia from 1 September 1990 to 29 March 1991. His DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2009 | 20090006889
The applicant requests, in effect, that his dates of service in Southwest Asia be shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states, in effect, that he was deployed to Saudi Arabia in January 1991 in support of Operation Desert Shield/Desert Storm and he returned in November 1991. Therefore, item 18 of his DD Form 214 should be corrected to show he served in Southwest Asia from 7 January 1991 to 2 November 1991.
ARMY | BCMR | CY2010 | 20100024373
Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 14 September 1990 through 16 January 1991. 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. The Board...
ARMY | BCMR | CY2010 | 20100022846
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1991 to show his deployment in Southwest Asia. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who...
ARMY | BCMR | CY2011 | 20110005685
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. 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. Her DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2010 | 20100008877
Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. Therefore, there is insufficient evidence on which to amend his DD Form 214 for the period ending 21 June 1994 to show this unit citation. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100014657
The applicant states his DD Form 214 for the period ending 9 January 1995 does not show his dates of service during Operation Desert Storm or the medals awarded during that period. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. As a result, the Board...