IN THE CASE OF:	  

		BOARD DATE:	    8 November 2011

		DOCKET NUMBER:  AR20110010720 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in item 12f (Foreign Service).  

2.  He states he was in Germany from 22 January 1986 to 16 March 1989.

3.  He provides his DD Form 214 and page one of 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 15 August 1985.  

3.  His DA Form 2-1 shows in:

* item 5 (Oversea Service) - he served in Germany from 22 January 1986 through 16 March 1989
* item 35 (Record of Assignments) – he was assigned to the 25th Aviation Company in Germany on 22 January 1986 and departed Germany on 16 March 1989

4.  His service record contains an award certificate which shows he was awarded the Army Achievement Medal for meritorious service during the period 23 August 1990 to 1 March 1991 during Operation Desert Shield/Desert Storm by Order Number 39-157.  

5.  He was honorably discharged on 20 November 1992.  His DD Form 214 shows in:

* item 12f –the entry “00 00 00” [indicating he didn’t complete any foreign service]
* item 18 (Remarks) – doesn’t show any deployments

6.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 199.  This database shows the applicant served during Operation Desert Shield/Desert Storm from 1 September 1990 to 20 May 1991.  

7.  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.  

   a.  It directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  

   b.  It 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.  

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

	a.  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.

	b.  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.  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)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Germany from 22 January 1986 through 16 March 1989 (a period of 3 years, 1 month, and 25 days).  Therefore, it would be appropriate to amend his DD Form 214 to show this foreign service in item 12f.  

2.  A review of the DMDC revealed the applicant deployed in support of Operation Desert Shield/Desert Storm from 1 September 1990 to 20 May 1991 
(a period of 8 months and 20 days).  Therefore, it would be appropriate to amend his DD Form 214 to show this deployment.  

3.  As a related issue, the applicant’s deployment in support of Operation Desert Shield/Desert Storm from 1 September 1990 to 20 May 1991 is sufficient as a basis to correct his DD Form 214 to show award KLM-SA, KLM-KU, and Southwest Asia Service Medal with three bronze service stars.

4.  Permanent orders awarded the applicant the Army Achievement Medal.  Therefore, he is entitled to correction of his DD Form 214 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 the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 12f to show the entry “03 10 15”;

	b.  amending item 18 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901 - 19910520"; and 

	c.  amending item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) by adding award of the Army Achievement Medal, KLM-SA, KLM-KU, and Southwest Asia Service Medal with three bronze service stars.  



      __________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)                                         AR20110010720





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ABCMR Record of Proceedings (cont)                                         AR20110010720



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