IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110011156 


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 award of the Army Commendation Medal, Southwest Asia Service Medal with two bronze service stars, and Kuwait Liberation Medal.  

2.  He states these medals are not listed in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) on his DD Form 214.  

3.  He provides:

* DD Form 214
* Assignment orders
* Deployment orders with a partial by-name listing 
* DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal)
* Memorandum for assignment of spouse

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 21 June 1990.  

3.  He provided Permanent Orders 1-1, dated 21 November 1990, which show his unit, the 11th Signal Brigade, was attached to the U.S. Army Central Command in Germany, effective 18 August 1990, for deployment in support of Operation Desert Shield in Saudi Arabia.  He was listed on a "Corrected Copy" of a partial by-name listing of Permanent Order 1-1, dated 21 November 1990.

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Germany from 28 December 1990 through 24 December 1992.

5.  He also provided a memorandum, dated 11 February 1991, which informed his spouse that he was assigned to Headquarters and Headquarters Company, 44th Signal Battalion located in Sandhofen, Germany and he was deployed to Saudi Arabia on 6 January 1991.  

6.  He provided Permanent Orders 29-2, .U.S. Army Forces Central Command, dated 19 February 1991, attaching the 44th Signal Battalion and 63rd Signal Battalion to Headquarters, U.S. Army Forces Central Command in support of Operation Desert Shield.  

7.  He provided a DA Form 638-1, dated 8 April 1991, which shows he was awarded the Army Commendation Medal for meritorious service from 6 January to 1 May 1991 by Headquarters, 11th Signal Brigade, Permanent Order Number 29-99, dated 19 April 1991.

8.  He was released from active duty on 23 October 1992.  His DD Form 214 shows he completed 1 year, 9 months, and 25 days of foreign service.  

9.  Item 13 of his DD Form 214 shows award of the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
10.  Item 18 (Remarks) on his DD Form 214 does not reflect any service in Southwest Asia.  

11.  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 1991.  This database shows the applicant served during Operation Desert Shield/Desert Storm from 1 January to 18 April 1991.

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

	a.  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)

	b.  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 and 28 February 1991.

	c.  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.

13.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  It states that item 18 is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  Paragraph 18(f)(2) states that 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.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the Army Commendation Medal, Southwest Asia Service Medal with two bronze service stars, and Kuwait Liberation Medal are not listed in item 13 of his DD Form 214 is acknowledged and is supported by the evidence of record.  

2.  Permanent orders show the applicant was awarded the Army Commendation Medal for meritorious service from 6 January to 1 May 1991.  Therefore, this award should be added to his DD Form 214.  

3.  The DMDC shows the applicant deployed in support of Operation Desert Shield/Desert Storm from 1 January to 18 April 1991.  Additionally, orders show he was deployed to Saudi Arabia in support of Operation Desert Shield.  As such, he served a period of qualifying service for award of the Southwest Asia Service Medal with three bronze service stars, the KLM-SA, and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  Based on his service in Southwest Asia, he is also entitled to correction of item 18 of his DD Form 214 to add the entry "SERVICE IN SWA FROM 19910101-19910418."  

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:

	a.  adding to item 13 of his DD Form 214 the Army Commendation Medal, Southwest Asia Service Medal with three bronze service stars, KLM-SA, and KLM-KU; and


	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SWA FROM 19910101-19910418."  




      _______ _   _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)                                         AR20110011156



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ABCMR Record of Proceedings (cont)                                         AR20110011156



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