IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110013705 


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 that his dates of service for Desert Shield/Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states his dates of service for Desert Shield/Desert Storm were not included on his DD Form 214.

3.  He provides 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 3 February 1988.  After completing initial entry training, he was awarded military occupational specialty 13B (Cannon Crewmember).

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 28 December 1990 to 1 May 1991.

4.  Item 35 (Current and Previous Assignments) of his DA Form 2-1 shows he was assigned to Battery B, 2d Battalion, 41st Field Artillery, from 31 May 1988 to 18 August 1991.

5.  On 2 February 1992, he was honorably released from active duty (REFRAD).  

6.  The DD Form 214 issued when he was REFRAD does not show he served in the Desert Shield or Desert Storm or his service in Saudi Arabia.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 shows the:  

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Army Achievement Medal with 1st Oak Leaf Cluster
* Southwest Asia Service Medal (SWASM) with two bronze service stars
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge (M-16 Rifle)

7.  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.

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

9.  His record includes 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)) showing he was awarded the ARCOM for achievement during the period 17 January to 28 February 1991 by Permanent Order Number 13-40, issued by 1st Armored Division Artillery, dated 15 April 1994.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear with SWASM 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)

11.  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.

12.  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.

13.  Department of the Army General Order Number 27, dated 1994, awarded the Valorous Unit Award (VUA) to the 2d Battalion, 41st Field Artillery, for the period 24 to 28 February 1991.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was deployed with his unit to Saudi Arabia during the period 28 December 1990 to 1 May 1991.  It would be appropriate to add a statement to his DD Form 214 documenting this service.

2.  Permanent orders awarded him the ARCOM.  He is entitled to correction of his DD Form 214 to show this award.

3.  He was awarded the SWASM and served in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded SWASM.

4.  He was assigned to a unit during a period for which it was cited once for award of the VUA.  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-SA and KLM-KU.  Therefore, his DD Form 214 should be corrected to show these medals.

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:

* ARCOM
* SWASM with three bronze service stars
* VUA
* KLM-SA
* KLM-KU

	b.  adding to item 18 of his DD Form 214 the statement "SERVICE IN SAUDI ARABIA FROM 19901228 - 19910501."



      _______ _   __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)                                         AR20110013705





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013705



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1