IN THE CASE OF:	  

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110011504 


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, correction of his dates of service in Southwest Asia shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his DD Form 214 does not show all his service information.

3.  The applicant provides:  

* DD Form 214
* Statement, dated 15 December 2010, from his platoon leader
* Two award certificates for the Army Achievement Medal
* DA Form 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal)  
	 
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.  He enlisted in the Regular Army on 4 January 1989, served as an armor crewman, and he was released from active duty on 3 May 1991. 

3.  Item 12f (Foreign Service) of his DD Form 214 shows he served 6 months and 28 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show any Southwest Asia medals.  Item 18 (Remarks) shows the entry "SERVICE IN SWA [Southwest Asia] 2 SEP 1990 TO 29 MAR 1991."

4.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  The primary Operations Desert Shield/ Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  The Operations Desert Shield/Desert Storm data base compiled by the DMDC shows the applicant served in Southwest Asia from 1 September 1990 to 29 March 1991 (a total of 6 months and 29 days).

5.  He provides a letter, dated 15 December 2010, from his platoon leader at the time in question.  He attests the applicant informed him his DD Form 214 reflected an inaccurate date showing his return from the combat zone before combat operations began in February 1991.  The platoon leader states this is erroneous and claims the applicant deployed to the war zone for Desert Shield and he returned after Desert Storm.  

6.  He also provided an award certificates for the Army Achievement Medal for meritorious service while serving in Operation Desert Shield from 21 August 1990 to 29 March 1991. 

7.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield and 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 1991 to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 October 1995)

8.  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.

9.  Army Regulation 600-8-22 states the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his dates of service in Southwest Asia are incorrect and his DD Form 214 does not show all his service information.

2.  His DD Form 214 shows he served in Southwest Asia from 2 September 1990 to 29 March 1991, a total of 6 months and 28 days.  

3.  The entry from the DMDC is accepted as sufficient evidence with which to amend items 12f and 18 of his DD Form 214 to show his dates of service in Southwest Asia from 1 September 1990 to 29 March 1991.  Therefore, item 12f of his DD Form 214 should be corrected to show he served 6 months and 
29 days of foreign service and item 18 should be corrected to show he served in Southwest Asia from 1 September 1990 to 29 March 1991.

4.  Based on his service in Southwest Asia, he is authorized the SWASM with two bronze service stars, KLM-SA, and KLM-KU.  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 the evidence presented is 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.  deleting the entry in item 12f of his DD Form 214 and adding "00 06 29";

	b.  adding the SWASM with two bronze service stars, KLM-SA, and KLM-KU to item 13 of his DD Form 214; and

	c.  deleting the entry "SERVICE IN SWA 2 SEP 1990 TO 29 MAR 1991" from item 18 of his DD Form 214 and replacing it with the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901-19910329."



      _______ _   _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)                                         AR20110011504





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011504



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1