IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110011874 


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 foreign service while deployed in support of Operation Desert Storm from December 1990 to May 1991
* award of the Southwest Asia Service Medal

2.  He states, in effect, although he deployed to Southwest Asia in support of Operation Desert Storm, it is not reflected on his DD Form 214 and neither is the Southwest Asia Service Medal to which he is entitled.

3.  The applicant indicates he provides copies of a letter he sent to the Department of Veterans Affairs (DVA) in reference to incidents in which fellow Soldiers, for whom he cared and had gotten to know quite well, were killed in combat in front of or around him and the VA's letter in response; however, neither letter was included with his application.

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 15 May 1984.  Upon completion of initial entry training, he was awarded military occupational specialty 88M (Motor Transport Operator).

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following information:

* Item 5 (Overseas Service) shows he served 3 years, 5 months, and 9 days of foreign service in:

* Germany from 30 September 1984 to 12 March 1987, a period of 2 years, 5 months, and 13 days
* Korea from 28 March 1988 to 25 March 1989, a period of 11 months and 26 days

* Item 9 (Awards, Decorations and Campaigns) does not show award of the Southwest Asia Service Medal

4.  His record contains a DA Form 4980-14 (Army Commendation Medal Certificate) which shows he was awarded the Army Commendation Medal for exceptionally meritorious service as a truck driver during Operation Desert Shield/Storm from 17 September 1990 to 18 March 1991 by Permanent Order Number 7-1, dated 10 June 1991.

5.  His record contains Permanent Orders Number 000012-003, dated 6 August 1991, which awarded him the Drivers Badge (Wheeled) for the period 1 December 1989 to 18 June 1991.

6.  His DD Form 214 contains the following information:

* Item 12f (Foreign Service) shows he completed 3 years, 5 months, and 11 days of foreign service
* 
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows award of or authorization for the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

* Item 18 (Remarks) does not show he deployed to Southwest Asia

7.  The Defense Manpower Data Center 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.  The Desert Shield/Storm Data Base shows he served in Southwest Asia from 16 January 1991 to 20 May 1991, a period of 4 months and 5 days.

8.  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)

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal - Saudi Arabia awarded by the Kingdom 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 1991 and 28 February 1991.  Additionally, this regulation also states the Kuwait Liberation Medal - Kuwait awarded 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.

10.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.

	c.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his foreign service while deployed in support of Operation Desert Storm from December 1990 to May 1991 and award of the Southwest Asia Service Medal were carefully considered and determined to have partial merit.

2.  Permanent orders awarded him the Army Commendation Medal and the Driver and Mechanic Badge (Wheeled).  Therefore, he is entitled to have his DD Form 214 corrected to show this award and badge.

3.  Evidence shows he served a qualifying period of time in a designated location to qualify for award of the Southwest Asia Service Medal.  Evidence also shows he participated in three campaigns while serving in Southwest Asia.  Therefore, he is entitled to correction of his DD Form 214 to properly show award of the Southwest Asia Service Medal with three bronze service stars.

4.  Evidence shows he served a qualifying period of time in a designated location to qualify for award of both the Kuwait Liberation Medal - Kuwait and the Kuwait Liberation Medal - Saudi Arabia.  Therefore, he is entitled to have his DD Form 214 corrected to show these foreign awards.


5.  Evidence shows he served a combined total of 3 years, 9 months, and 14 days of foreign service in the following locations:

* Germany from 30 September 1984 to 12 March 1987, a period of 2 years, 5 months, and 13 days
* Korea from 28 March 1988 to 25 March 1989, a period of 11 months and 26 days
* Southwest Asia from 16 January 1991 to 20 May 1991

6.  Item 12f of his DD Form 214 currently shows he only served 3 years, 5 months, and 11 days of foreign service and item 18 makes no mention of his deployment to Southwest Asia.  In view of the foregoing, he is entitled to correction of his DD Form 214 to accurately reflect his deployment Southwest Asia.

7.  Although his Army Commendation Medal was awarded for his service in support of Operations Desert Shield/Storm from 17 September 1990 to 18 March 1991, the Desert Shield/Storm Data Base shows his actual dates of deployment to Southwest Asia were from 16 January 1991 to 20 May 1991.  The applicant has not provided evidence showing he was physically present in the Southwest Asia theater prior to 16 January 1991; therefore, the database information is accepted as sufficient evidence on which to base correction of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending his DD Form 214 in the following manner:

	a.  deleting the current entry in item 12f and replacing it with the entry "03  09  14";

	b.  adding the following entry to item 13:  "ARMY COMMENDATION MEDAL//KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT//SOUTHWEST ASIA SERVICE MEDAL WITH THREE BRONZE SERVICE STARS//DRIVER AND MECHANIC BADGE (WHEELED)"; 

	b  adding the following entry to item 13:  "SERVICE IN SOUTHWEST ASIA FROM 19910116 - 19910520"; and

c.  providing him an appropriate document showing these corrections.

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 correcting his record to show he was deployed to Southwest Asia from December 1990 to May 1991.



      _______ _   __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)                                         AR20110011874





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ABCMR Record of Proceedings (cont)                                         AR20110011874



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