IN THE CASE OF:	  

		BOARD DATE:  7 February 2012

		DOCKET NUMBER:  AR20110014355 


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 any additional awards to which he is entitled.

2.  He states he would like his record reviewed to determine if he received any awards other than those listed 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's records show he enlisted in the Regular Army on 3 May 1988.

3.  His DA Form 2-1 (Personnel Qualification Record Part II) shows in:

	a.  item 5 (Overseas Service), he served in Germany from 25 November 1988 to 28 November 1991; and

	b.  item 35 (Current and Previous Assignments), he was assigned to Company B, 203rd Support Battalion, Germany, from 30 November 1988 to 25 November 1991.

4.  The Defense Manpower Data Center (DMDC) compiled an Operations Desert Shield/Desert Storm Data Base that contains one record for each active duty member who served in theater between 2 August 1990 and 31 July 1991.

5.  The DMDC Operations Desert Shield/Desert Storm Data Base shows the applicant participated in theater during the period 15 December 1990 to 28 April 1991.

6.  On 1 May 1992, the applicant was released from active duty.  He completed 3 years, 11 months, and 29 days of active service.  His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Army Lapel Button.

7.  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)

8.  Army Regulation 600-8-22 states 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 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 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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

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

	b.  item 18, for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he participated in three campaigns in support of Operations Desert Shield/Desert Storm from 15 December 1990 through 28 April 1991.  Therefore, he is entitled to award of the Southwest Asia Service Medal with three bronze service stars and his DD Form 214 should be corrected to show this award.

2.  His service in Southwest Asia also entitles him to award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in theater from 15 December 1990 to 28 April 1991, a period of 4 months and 14 days.  Therefore, item 18 (Remarks) of his DD Form 214 should be corrected to show his service in Southwest Asia by adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901215-19910428."

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.  adding the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait to item 13 of his DD Form 214; and

	b.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901215-19910428" to item 18 of 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)                                         AR20110014355



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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