BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110010199 


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, her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 May 1991 be corrected to show any active participation in the theater for Operation Desert Storm.  

2.  The applicant states she participated in the Desert Shield/Storm theater.  Her records have denied her the right to benefits which she filed for in 1992.  Her records do not illustrate all of the individual training she participated in over the last 15 years.  She expresses her frustrations at getting treatment at the Department of Veterans Affairs (VA) hospital and the reasons she is not receiving ample compensation for her medical conditions.

3.  The applicant provides:

* four pages from her service medical records for treatment in 1990 and 1991
* one page from a VA Rating Decision, dated 13 February 2007
* a letter, dated 22 May 1992, from her Congressional representative addressed to her
* her DD Form 214
* an amendment to her orders for active duty
* her discharge certificate, dated 13 August 1997, from the U.S. Army


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.  Treatment for medical conditions and compensation received from the VA for service-connected medical conditions are not within the jurisdiction of the ABCMR.  Therefore, her medical issues will not be discussed further in these proceedings.

3.  She enlisted in the U.S. Army Reserve (USAR) on 25 October 1982.  She was ordered to active duty on 16 November 1982 and after she completed basic combat and advanced individual training she was awarded military occupational specialty 76P (Materiel Control and Accounting Specialist).  She reenlisted in the USAR on 11 September 1988 for a period of 6 years.

4.  On 21 November 1990, she was ordered to active duty in support of Operation Desert Shield/Storm.  She was released from active duty on 15 May 1991 and returned to her unit.  She completed 5 months and 25 days of active service that was characterized as honorable.  She was issued a DD Form 214 and on 1 July 1992 a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued.

	a.  Item 12f (Foreign Service) shows she served 3 months and 21 days of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) (amended by the DD Form 215) shows she was awarded or is authorized the:

* Army Service Ribbon
* Army Reserve Components Overseas Training Ribbon
* Army Reserve Components Achievement Medal (1st Oak Leaf Cluster)
* National Defense Service Medal
* NCO Professional Development Ribbon with Numeral 2
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  Item 14 (Military Education) contains the entry NONE.

	d.  Item 18 (Remarks) contains the entry, "SVC IN SWA 910102 to 910422" (service in Southwest Asia from 2 January 1991 to 22 April 1991).

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

	a.  Service in the Persian Gulf War is recognized by award of the Southwest Asia Service Medal 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 to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  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.

	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 1993.

6.  Army Regulation 635-5 (Separation Documents), then in effect, stated formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in Item 14.  This regulation further stated that the information entered in Item 14 is to assist the member after separation in job placement and counseling; therefore training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  Her DD Form 214 only covered a period of a little over 5 months active service.  Only formal military training courses completed during the period covered by the DD Form 214 are entered in item 14.  Therefore, training received outside that period would not be included.  There is no evidence of formal military training received during her period of active duty.  Therefore, the entry in item 14 is correct.

2.  Based on her service in Southwest Asia in support of Operations Desert Shield and Desert Storm she is authorized the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

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 amending item 13 of her DD Form 214 with a separation date of 15 May 1991 to include the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

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 military education.  



      _______ _  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)                                         AR20110010199





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ABCMR Record of Proceedings (cont)                                         AR20110010199



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