IN THE CASE OF:	 

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110010778


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 dates of service in Southwest Asia during Operations Desert Shield/Desert Storm
* the Southwest Asia Service Medal
* the Meritorious Unit Commendation

2.  The applicant states he was attached to the 295th Supply Company, which was deployed from Fort Lewis, WA, and he arrived in Saudi Arabia on
5 December 1990.  He further states his unit received the Meritorious Unit Commendation for a period during which he was attached.  He concludes by stating he meets the criteria for award of the Southwest Asia Service Medal. 

3.  The applicant provides:

* his DD Form 214
* a DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG))
* an extract of an internet printout from the Army Quartermaster Museum at Fort Lee, VA, showing Quartermaster/Supply units that deployed in support of Operations Desert Shield/Desert Storm
* an internet printout from the U.S. Army Center of Military History, showing Lineage and Honors Information pertaining to the 295th Supply Company

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 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 6 February 1987.  He completed training and was awarded military occupational specialty 62F (Crane Operator).

3.  On 13 June 1991, he was discharged from the Army.  He completed 4 years, 4 months, and 8 days of net active service, including 1 year, 11 months, and
21 days of foreign service.  The DD Form 214 he was issued at the time shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* item 18 (Remarks) no deployment credit

4.  The Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center is the primary file that contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  The database shows the applicant was deployed from
11 February through 31 May 1991.

5.  Department of the Army General Orders Number 27, dated 27 December 1994, awarded the 295th Supply Company the Meritorious Unit Commendation for the period 11 October 1990 to 6 October 1991.

6.  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 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)

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.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that for:

	a.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

	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)."

8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal, issued by the Government 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 and 28 February 1991.

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal, issued 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.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served in Southwest Asia from 11 February through 31 May 1991.  There is no evidence of record and the applicant did not provide any evidence that shows he arrived in Saudi Arabia on 5 December 1990 as claimed.

2.  Nevertheless, he served in Southwest Asia during a qualifying period and participated during two designated campaign phases (Liberation and Defense of Kuwait, and Cease-Fire Campaign).  Therefore, he is entitled the Southwest Asia Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

3.  Based on his service in Southwest Asia, he also served during a qualifying period for the Kuwait Liberation Medal awarded by the Governments of Saudi Arabia and Kuwait.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  General orders awarded his unit the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm.  Therefore, his DD Form 214 should be corrected to show the entry "SERVICE IN SOUTHWEST ASIA FROM 11 FEBRUARY 1991-
31 MAY 1991."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  adding to Item 13 of his DD Form 214 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
* Meritorious Unit Commendation

	b.  adding to Item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910211 - 19910531."

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 showing on his DD Form 214 he arrived in Saudi Arabia on 5 December 1990.



      ____________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)                                         AR20100017975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010778



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1