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ARMY | BCMR | CY2011 | 20110010115
Original file (20110010115.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010115 


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 she:

* served in support of Operations Desert Shield/Desert Storm from 15 October 1990 to 12 April 1991
* was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA)
* completed the Total Army Instructor Training Course in March 2001

2.  She makes no additional statement.

3.  She provides two certificates for her support of Operation Desert Storm, a Certificate of Training, and her 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 11 August 1989.

3.  Her DA Form 2-1 shows she served in Saudi Arabia from 15 October 1990 through 12 April 1991.  Her DA Form 2-1 also shows award of the Southwest Asia Service Medal with two bronze service stars and KLM-SA.

4.  She provides two certificates, dated 4 July 1991 and 18 November 1991, which show she was commended for her support during Operation Desert Storm.

5.  She provides a Certificate of Training which shows she completed 80 hours (equivalent to 2 weeks) of training in the Total Army Instructor Training Course – 6-01 from 5 to 16 March 2001 at the U.S. Army Field Artillery School, Fort Sill, OK.

6.  She was honorably discharged due to parenthood on 25 January 2002.  Her DD Form 214 shows in:

* item 12f (Foreign Service) – she completed 1 year, 2 months, and 7 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – no Operation Desert Storm awards
* item 14 (Military Education) – no entry for the Total Army Instructor Training Course
* item 18 (Remarks) – no record of deployment

7.  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 or National Guard member or retiree who was activated or federalized in response to Operations Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  This database shows the applicant served in theater during Operations Desert Shield/Desert Storm from 1 October 1990 to 13 April 1991.

8.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.

	a.  Item 18 is used for entries required by Department of the Army Headquarters for which a separate block is not available and for completing entries that are too long for their respective blocks.  The entry, "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYMMDD - YYYMMDD)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.

	b.  Item 14 will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  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.

	c.  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)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed in support of Operations Desert Shield/Desert Storm from 15 October 1990 through 12 April 1991.  Therefore, it would be appropriate to amend her DD Form 214 to show this deployment.

2.  Based on the above correction, she is entitled to correction of her DD Form 214 to show award of the Southwest Asia Service Medal with three bronze service stars, KLM-SA, and KLM-KU.

3.  The applicant's Certificate of Training shows she successfully completed 2 weeks of training in the Total Army Instructor Training Course in March 2001; therefore, this course should be added to her DD Form 214.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 18 to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19901015-19910412";

	b.  amending item 13 to add award of the Southwest Asia Service Medal with three bronze service stars, KLM-SA, and KLM-KU; and

	c.  amending item 14 to add the entry "Total Army Instructor Training Course, 2 Weeks, March 2001."



      _____________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)                                         AR20110010115



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ABCMR Record of Proceedings (cont)                                         AR20110010115



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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