IN THE CASE OF:	  

		BOARD DATE:	    3 November 2011

		DOCKET NUMBER:  AR20110008373 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment and awards for Operation Desert Shield/Desert Storm from 16 January to 23 April 1991.  She also requests correction of her DD Form 214 to show she completed the
160-hour Orthopedic Specialist Training course, Emergency Medical Technician (EMT) course, and the Immunization Technician course.

2.  The applicant states that she was deployed from 16 January to 23 April 1991 and that she completed the above courses.

3.  The applicant provides:

* a DA Form 87 (Certificate of Training) for completing a 160-hour orthopedic specialist training
* Orders 01-080, issued by Headquarters, U.S. Army Medical Department Activity (MEDDAC), Fort Ord, CA, dated 14 January 1991
* Orders 33-104, issued by the 244th Personnel Service Company, Fort Lewis, WA, dated 24 April 1991
* a memorandum issued by Headquarters, U.S. Army MEDDAC, Fort Ord, subject:  Overseas Service in Southwest Asia, dated 9 July 1991
* her 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 10 November 1987 for a period of 3 years.  She was trained in and awarded military occupational specialty 91A (medical specialist).

3.  She served in Germany from 23 April 1988 to 22 April 1990 with the 20th Medical Detachment at which time she departed Germany en route to Fort Ord.  While assigned to her unit at Fort Ord, she deployed to Saudi Arabia in support of Operations Desert Shield/Desert Storm.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Overseas Service) she served in Germany 23 April 1988 through 22 April 1990 for a period of 24 months
* item 9 (Awards, Decorations & Campaigns) the:

* Army Good Conduct Medal (1st Award)
* Army Service Ribbon
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Second Class (Marksman) Marksmanship Qualification Badge with Grenade Bar

* item 17 (Civilian Education and Military Schools) the entry:

SCHOOL
MAJOR/COURSE/MOSC
DURRAT
COMP
YEAR
Hahnsville HS
Gen
4 Yrs
Yes
87

SCHOOL
MAJOR/COURSE/MOSC
DURRAT
COMP
YEAR
FSHTX (Fort Sam Houston TX)
91A Medical Specialist
10 Wk
Yes
88
USAREUR (U.S. Army Europe)
German Head Start
1 Wk
Yes
88
* item 27 (Remarks) the entry:  "DUTY IN IMMINENT DANGER PAY AREA (SAUDI ARABIA) 20 JAN 91 – 23 APR 91

5.  The memorandum by the applicant's troop commander, dated 9 July 1991, certified that she was deployed to Southwest Asia during the period 20 January to 23 April 1991.

6.  On 9 July 1991, the applicant was honorably released from active duty at the expiration of her term of service.  She completed 3 years and 8 months of creditable active service.  She was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation.

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

* Army Lapel Button
* Army Good Conduct Medal
* Army Service Ribbon
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

8.  Item 14 (Military Education) of her DD Form 214 shows she completed:

* German Headstart, 1 week, May 1988
* Medical Specialist Course, 10 weeks, 1988

9.  Item 18 (Remarks) of her DD Form 214 does not show the required entry to show her deployment to a foreign country.


10.  Army Regulation 600-8-22 (Awards) states:

	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.  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)

	b.  the Kuwait Liberation Medal awarded by the Government 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.

	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.

11.  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 for:

	a.  item 14, list in-service training courses; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

	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)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Southwest Asia from 20 January to 23 April 1991 and participated during two campaign phases.  Therefore, she is entitled to the Southwest Asia Service Medal with two bronze service stars and correction of her DD Form 214 to show this award.

2.  Based on her service in Southwest Asia she is also entitled to the Kuwait Liberation Medal awarded by the Governments of Saudi Arabia and Kuwait.  Therefore, her DD Form 214 should be corrected to show these two awards.

3.  Item 18 of her DD Form 214 should also be corrected to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19910120 - 19910423."

4.  Unfortunately, item 17 of her DA Form 2-1 is the only available evidence of record showing the applicant's completed military education.  That document fails to substantiate the certificate of training she provided or any other training she claims to have completed.  Additionally, the certificate provided by the applicant does not reflect the specific timeframe the training was completed.  Therefore, there is an insufficient evidentiary basis for granting this portion of her request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 her DD Form 214 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	b.  adding to Item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910120 – 19910423."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding any additional training courses to item 14 of her 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)                                         AR20110008373



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ABCMR Record of Proceedings (cont)                                         AR20110008373



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