IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110009352 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Persian Gulf service and all awards he may be entitled to.

2.  The applicant states he deployed to Southwest Asia with the 4th Battalion, 229th Attack Helicopter Regiment (AHR) in support of Operation Desert Shield/Desert Storm.  After returning from deployment his unit was inactivated and he selected the early out option from the military and he was told his military service records were lost.  He continues that his DD Form 214 shows his service prior to his mobilization and nothing after his deployment on Operation Desert Shield/Desert Storm.

3.  The applicant provides:

* his DD Form 214
* a Memorandum for Record issued by 1st Squadron, 9th (U.S.) Cavalry Regiment, Fort Lewis, WA, subject:  Personnel Deployed to Southwest Asia, dated 18 January 1991
* Orders 46-1, issued by the 369th Personnel Service Company,
7th Personnel Group, Operation Desert Storm, dated 27 March 1991
* a memorandum from Headquarters, I Corps, Fort Lewis, subject:  Reassignment of Individual Returnees from Southwest Asia, dated 1 April 1991
* 
Permanent Orders Number 1001-11, issued by Headquarters, U.S. Army Forces Central Command, dated 4 May 1991
* a memorandum from 4th Battalion, 229th AHR, subject:  4-229th Advanced AHR (AAHR) Valorous Unit Award, dated 4 September 1991
* Permanent Order 113-47, issued by Headquarters, VII Corps, dated
17 September 1991
* his DA Form 2-1 (Personnel Qualification Record - Part II)

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 8 November 1983.  He completed training and he was awarded military occupational specialty 67V (Observation/Scout Helicopter Repairer).

3.  The applicant’s military service record shows he served a 12-month overseas tour in the Republic of Korea (ROK) from 7 April 1987 through 5 April 1988.  Prior to his deployment in support of Operation Desert Shield/Desert Storm, he was assigned to the 1st Squadron, 9th Cavalry Regiment, at Fort Lewis.

4.  On 27 January 1991, he deployed to Southwest Asia while attached to
C Company, 4th Battalion, 229th AAHR.  On 28 March 1991, he departed Southwest Asia and he returned to his parent unit at Fort Lewis.

5.  Permanent Orders 101-11, dated 4 May 1991, show the 4th Battalion,
229th AAHR was awarded the Valorous Unit Award for gallantry during the period 26 February 1991 through 27 February 1991.

6.  On 9 July 1991, he was honorably released from active duty after completing 7 years, 8 months, 2 days of credible active service.  The DD Form 214 he was issued at the time shows in:

	a.  Item 12f (Foreign Service) the entry "00  11  29" indicating he completed 11 months and 29 days of foreign service during the period covered by the
DD Form 214.  [This only reflects his ROK service.]

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Aircraft Crewmember Badge
* Army Achievement Medal (1st oak leaf cluster)
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Army Good Conduct Medal
* Driver and Mechanic Badge with Driver-W Bar
* Army Commendation Medal (1st oak leaf cluster)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	c.  Item 18 (Remarks) does not indicate he deployed in support of Operation Desert Shield/Desert Storm.

7.  Permanent Orders 113-47, dated 17 September 1991, awarded him the Bronze Star Medal for meritorious achievement for the period 8 February 1991 to 4 March 1991.

8.  Review of the Persian Gulf War Roster contains the applicant's name and indicates he served in Southwest Asia from 27 January 1991 through 28 March 1991.

9.  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 Operation 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)

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 600-8-22 states that 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

13.  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.  12f, enter the total amount of Foreign Service completed during the period covered by the DD Form 214.

	b.  item 18, 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)."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the Bronze Star Medal for meritorious achievement during the period 8 February 1991 through 4 March 1991.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Evidence of record shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm and he participated during one campaign phase.  Therefore, he is entitled to the Southwest Asia Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

3.  Based on his service in support of Operation Desert Shield/Desert Storm he is also entitled to the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his DD Form 214 to show these awards.

4.  His unit in Southwest Asia was cited for award of the Valorous Unit Award during his period of assignment.  Therefore, he is entitled to the Valorous Unit Award and correction of his DD Form 214 to show this unit award.

5.  Evidence of record shows that the applicant deployed to Southwest Asia during the period 27 January 1991 through 28 March 1991, which equates to
2 months and 2 days of foreign service.  Therefore, his DD Form 214 should be corrected to include an additional 2 months and 2 days of foreign service for his service in Southwest Asia.

5.  He is also entitled to correction of his DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19910127 - 19910328."

6.  The applicant served in the ROK during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected 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 for the period ending 9 July 1991 the entry "00  11  29" and replacing it with the entry "01  02  01" indicating
1 year, 2 months, and 1 day of total foreign service during the period covered by the DD Form 214;

	b.  adding to item 13 of his DD Form 214 for the period ending 9 July 1991 the:

* Bronze Star Medal
* Southwest Asia Service Medal with one bronze service star
* Korea Defense Service Medal
* Valorous Unit Award
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910127 - 19910328."



      _______ _   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)                                         AR20110009352



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ABCMR Record of Proceedings (cont)                                         AR20110009352



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