IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110015355
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 September 1994 to show the awards of the Southwest Asia Service Medal with two bronze service stars and both Kuwait Liberation Medals.
2. The applicant makes no statement.
3. He provides his DD Form 214, an Army Achievement Medal certificate, Certificate of Achievement, and his DA Form 2-1 (Personnel Qualification Record).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records show after serving in the Army National Guard he enlisted in the Regular Army on 20 November 1985. He continued his service by reenlistment in the Regular Army.
3. His DA Form 2-1 shows he served in Saudi Arabia from 16 September 1990 through 8 April 1991. This form shows he was authorized the Southwest Asia Service Medal with two bronze service stars.
4. An Army Achievement Medal Certificate provided by the applicant shows he received the award for service in support of Operations Desert Shield, Desert Storm, and Desert Farewell for the period 16 September 1990 to 8 April 1991.
5. He was discharged from active duty on 14 September 1994. He completed a total of 8 years, 9 months, and 21 days creditable active service.
6. His DD Form 214 shows award of the Army Achievement Medal with oak leaf cluster, Army Good Conduct Medal (2d Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Army Superior Unit Award, Expert Marksmanship Qualification Badge with Rifle Bar, and German Marksmanship Badge (Silver).
7. Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 24 July 1990 to 14 April 1991.
8. The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War. This list contains the applicant's name and shows he received hazardous duty pay from the month of September 1990 through 8 April 1991 for service in the Persian Gulf War.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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 include:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
b. 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.
c. 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. His DA Form 2-1 shows he was authorized the Southwest Asia Service Medal with two bronze service stars. His DD Form 214 shows he served in Southwest Asia from 24 July 1990 to 14 April 1991. However, based on his DA Form 2-1, Army Achievement Medal Certificate, and the Gulf War Roster the preponderance of evidence indicates he participated in two campaigns during the period 16 September 1990 to 8 April 1991. As such, it would be appropriate to add the Southwest Asia Service Medal with two bronze service stars to his DD Form 214.
2. He 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.
3. In view of the foregoing, he is entitled to have his records corrected as shown below.
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 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 adding the Southwest Asia Service Medal with two bronze service stars, Kuwait
Liberation Medal-Kuwait, and Kuwait Liberation Medal-Saudi Arabia to his DD Form 214 for the period ending 14 September 1994.
_______ _ 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) AR20110015355
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ABCMR Record of Proceedings (cont) AR20110015355
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