IN THE CASE OF:	  

		BOARD DATE:	    1 November 2011

		DOCKET NUMBER:  AR20110008427 


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, 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.  He also requests the Southwest Asia Service Medal (SWASM) be added to his DD Form 214.

2.  The applicant states:

* He served with Battery C, 1st Battalion, 5th Air Defense Artillery, U.S. Forces Command during Operation Desert Shield/Desert Storm
* He was deployed to Saudi Arabia in August 1990 and remained in theater until March 1991
* He applied for an Ohio Veterans Bonus for the period he spent in the Persian Gulf War but his DD Form 214 does not reflect his time in theater
* He needs to have his foreign service updated and the SWASM added to his DD Form 214 to claim the Ohio Veterans Bonus 

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 July 1988.  He served as a man portable air defense crewmember and he was honorably released from active duty on 21 September 1991.

3.  Item 12f of his DD Form 214 shows the entry "00 00 00."  Item 
13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show any Southwest Asia medals.  Item 18 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.  The Operations Desert Shield/Desert Storm data base compiled by the DMDC shows the applicant served in Southwest Asia from 28 August 1990 to 27 March 1991 
(a total of 7 months).

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 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.

7.  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.

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.  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.  Therefore, item 12f of his DD Form 214 should be corrected to show he served 7 months of foreign service and item 18 should be corrected to show he served in Southwest Asia from 28 August 1990 to 27 March 1991.

2.  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.

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.  deleting the entry in item 12f of his DD Form 214 and adding "00 07 00";

	b.  adding the SWASM with two bronze service stars, KLM-SA, and KLM-KU to item 13 of his DD Form 214; and

	c.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19900828-19910327" 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)                                         AR20110008427



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ABCMR Record of Proceedings (cont)                                         AR20110008427



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