BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110012597 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Desert Shield/Storm during the period 1 January 1991 to May 1991 and any awards/citations that were given to his unit for this service.

2.  He states that his unit was the 2nd Battalion 3rd Field Artillery, 3rd Armored Division, was stationed in Kirchgoens, Germany, Ayers Kaserne.  He was stationed at Ayers Kaserne from July 1988 to November 1991.  He did not receive orders for deployment to the desert or to go home.  He received a letter stating his unit's location while in theater, but misplaced it.  

3.  He provides a VA Form 21-4138 (Department of Veterans Affairs – Statement in Support of Claim).

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’s military record shows he enlisted in the Army Delayed Entry Program on 1 March 1983.  He enlisted in the Regular Army on 26 April 1983.  He completed training and was awarded military occupational specialty 94B (Food Service Specialist).  He served in Germany from 23 October 1984 through 14 April 1986 and from 16 June 1988 through 16 June 1991.

3.  On 20 May 1991, an informal Physical Evaluation Board (PEB) convened and found him unfit for further military service.  

4.  An Appeal of Line of Duty Determination, dated 15 June 1992, stated that a medical review by the Office of The Surgeon General determined that there was no evidence to show that any intervening factor, lack of treatment, or his duties in Southwest Asia were the proximate cause of the deterioration of the knee.  

5.  There is no evidence in his records of his dates of service for Southwest Asia.

6.  He served continuously on active duty through several reenlistments until his honorable discharge, in pay grade E-4, on 25 August 1992, for physical disability without severance pay.  He was credited with completion of 9 years and 4 months of net active service.  He was also credited with 4 years, 10 months, and 24 days of foreign service.

7.  His awards included the Army Achievement Medal with 1st Oak Leaf Cluster, Good Conduct Medal (2nd Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War (Desert Shield/Storm).  This list shows he served in the Persian Gulf War from 1 January 1991 through 28 February 1991.

9.  There is no evidence his unit was authorized any unit awards.  A review of the Human Resources Command, Awards Branch, website failed to reveal the applicant’s unit, 2nd Battalion, 3rd Field Artillery, 3rd Armored Division, was authorized any unit awards during his period of service.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the standardized policy for preparing the DD Form 214 for Soldiers on retirement, discharge, and release from active duty.  The regulation did not provide for listing service in name of country deployed and the inclusive dates.  The current regulation provides for listing this data in Item 18 of the DD Form 214. 

11.  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 Southwest Asia and contiguous waters or airspace there over, 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)

12.  The Kuwait Liberation Medal 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 Operation Desert Storm between 17 January 1991 and 28 February 1991.

13.  The Kuwait Liberation Medal-Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates the applicant served in Southwest Asia during the Persian Gulf War from 1 January 1991 through 28 February 1991.  Under current regulatory policy, he is entitled to correction Item 18 on his DD Form 214 to show this service.

2.  The evidence also shows he served in a designated area during a qualifying time period to be authorized the Southwest Asia Service Medal and that he participated in one campaign.  Therefore, he is entitled to the Southwest Asia Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

3.  He also completed a qualifying period of service for the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi Arabia and is entitled to correction of his DD Form 214 to show these awards.


4.  There is no evidence the 2nd Battalion, 3rd Field Artillery, 3rd Armored Division, was authorized any unit awards during his period of service.  Therefore, he is not entitled to correction to his DD Form 214 to show any unit awards.

5.  In view of the foregoing, he is entitled to have his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ___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: 

   a.  adding to Item 18 on the applicant's DD Form 214 the entry, "Service in Southwest Asia from 19910101 – 19910228"; and 

	b.  adding to Item 13 on his DD Form 214 the Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal-Kuwait, and Kuwait Liberation Medal-Saudi Arabia.

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 showing he served in Southwest Asia from January to May 1991 or any unit awards on his DD Form 214.



      _______ _   _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)                                         AR20110012597





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012597



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1