IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110010988
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 the Southwest Asia Service Medal (SWASM).
2. The applicant states that his DD Form 214 does not contain his award of the SWASM.
3. The applicant provides a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was serving in the U.S. Army Reserve (USAR) when he was ordered to active duty in support of Operation Desert Shield/Desert Storm on 29 November 1990. He deployed to Southwest Asia (SWA) from 19 January 1991 to 31 March 1991. On 5 April 1991, he was honorably released from active duty (REFRAD) due to the expiration of his term of service and he was returned to his USAR unit. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:
* Army Service Ribbon
* National Defense Service Medal (2d award)
* Noncommissioned Officer Professional Development Ribbon
* Army Reserve Components Achievement Medal (2nd Award)
* Army Achievement Medal
* Army Reserve Components Overseas Training Ribbon
* Army Lapel Button
* Humanitarian Service Medal (Cuban Refugee Resettlement Operation)
* Army Commendation Medal
3. Army Regulation 600-8-22 (Military Awards) states the SWASM 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)
4. Army Regulation 600-8-22 states the 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.
5. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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. The applicant served during a qualifying period in SWA for award of the SWASM. Accordingly, it is reasonable that he was awarded the SWASM with two bronze service stars. Therefore, his DD Form 214 should be corrected to show this award.
2. He also served during qualifying periods for award of the KLM-SA and the KLM-K. Accordingly, his DD form 214 should be corrected to show these awards.
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 adding to item 13 of his DD Form 214 for the period ending 5 April 1991 the:
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal Saudi Arabia
* Kuwait Liberation Medal Kuwait
__________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) AR20110010988
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ABCMR Record of Proceedings (cont) AR20110010988
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