BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011858 


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 service in the Persian Gulf.

2.  He states he served in the Persian Gulf from 17 September 1990 to 11 April 1991.

3.  He provides two Army Commendation Medal Certificates, the first page of a DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), a page from his DA Form 2-1 (Personnel Qualification Record), and 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 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 11 June 1987.  

3.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Saudi Arabia from 17 September 1990 to 11 April 1991.

4.  Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 shows he was authorized the:

* Air Assault Badge
* Army Achievement Medal (AAM) (3rd Award)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* Noncommissioned Officer Professional Development Ribbon (NPDR)
* Army Good Conduct Medal (AGCM)
* National Defense Service Medal (NDSM)
* Southwest Asia Service Medal (SWASM) with two bronze service stars
* Kuwait Liberation Medal (Kingdom of Saudi Arabia) (KLM-SA)
* ARCOM (3rd Award)

5.  Item 27 (Remarks) of his DA Form 2-1 shows the entry "Duty in imminent danger pay area (Southwest Asia) from 900917 to 910411."  Item 35 (Record of Assignments) shows he was assigned to the 2nd Battalion, 320th Field Artillery, during the period shown in item 27.

6.  On 12 January 1994, he was discharged under honorable conditions.  

7.  The DD Form 214 issued when he was discharged does not show he served in the Persian Gulf.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows the:

* NDSM
* ASR
* Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars
* AAM (3rd Award)
* AGCM (2nd Award)
* ARCOM (3rd Award)
* Air Assault Badge
* NPDR

8.  Army Regulation 635-5 (Personnel Separations - 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.  It states that for an active duty Soldier deployed with his or her unit during his or her continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in block 18 (Remarks) of the DD Form 214.

9.  As a related matter, review of the applicant's records indicates he is entitled to additional awards.

10.  Department of the Army General Order Number 1, dated 1996, awarded the Meritorious Unit Commendation (MUC) to the 2d Battalion, 320th Field Artillery, for the period 12 September 1990 to 8 April 1991.

11.  Army Regulation 600-8-22 (Military Awards) 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 evidence of record supports the applicant's request for correction of his DD Form 214 to show he served in the Persian Gulf.  

2.  The record shows he was deployed with his unit to Saudi Arabia during the period 17 September 1990 to 11 April 1991.  It would be appropriate to add a statement to his DD Form 214 documenting this service.

3.  His DA Form 2-1 shows he was authorized awards that were not recorded on his DD Form 214.  He is entitled to correction of his DD Form 214 to show the OSR, SWASM with two bronze service stars, and KLM-SA.  

4.  He was assigned to a unit during a period for which it was cited once for award of the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He served a qualifying period of service for the KLM-KU.  Therefore, his 
DD Form 214 should be corrected to show this medal.

6.  His DA Form 2-1 shows he was awarded the KLM-SA, SWASM with two bronze service stars, and the OSR, but they are not included on his DD Form 214.  They should also be added.

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:

* OSR
* SWASM with two bronze service stars
* MUC
* KLM-SA
* KLM-KU

	b.  adding to item 18 of his DD Form 214 the statement "SERVICE IN SAUDI ARABIA FROM 19900917 - 19910411."



      _______ _   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)                                         AR20110011858





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ABCMR Record of Proceedings (cont)                                         AR20110011858



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