IN THE CASE OF:	  

		BOARD DATE:  16 February 2012

		DOCKET NUMBER:  AR20110015765 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in support of Operation Desert Shield/Desert Storm from 19 August 1990 to 2 February 1991 and all of her authorized awards and decorations.

2.  The applicant states she was assigned to Headquarters and Headquarters Company/Materiel Management Center, Division Support Command (HHC/MMC DISCOM), 24th Infantry Division, Fort Stewart, GA, and deployed overseas on a unit movement order.

3.  The applicant provides a copy of her DD Form 214 and two redeployment documents in support of her request.

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 (RA) on 3 September 1980 for a period of 3 years.  She was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist).  She reenlisted in the RA on 29 December 1983 and she continued to serve on active duty through 17 September 1992.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) she served in Germany from 21 March 1984 through 10 March 1987;

	b.  item 9 (Awards, Decorations, and Campaigns) the:

* Army Service Ribbon
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Driver and Mechanic Badge with Driver-W Bar
* Army Commendation Medal

	c.  item 35 (Record of Assignments) she was assigned to HHC/MMC DISCOM, Fort Stewart, on 21 April 1987.

4.  The applicant was honorably discharged on 17 September 1992 under the enlisted voluntary early transition program.  She completed 12 years and 15 days of creditable active service.  The DD Form 214 she was issued at the time shows in:

	a.  item 12 (Record of Service), block f (Foreign Service) she completed
2 years, 11 months, and 20 days of foreign service, and

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Overseas Service Ribbon


* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Noncommissioned Officer Professional Development Ribbon
* Army Good Conduct Medal (3rd Award)
* Driver and Mechanic Badge with Driver-W Bar
* Army Commendation Medal

	c.  Item 18 (Remarks) does not show she deployed with her unit to Southwest Asia (SWA).

5.  In support of her request, the applicant provides the following documents:

	a.  A memorandum from the commander, DISCOM, approving the applicant's redeployment due to pregnancy that was confirmed by the division surgeon.

	b.  A DA Form 31 (Request and Authority for Leave), dated 11 February 1991, that shows the applicant was returning from Saudi Arabia to depart on ordinary leave on 11 February 1991.

6.  A review of the Gulf War Deployment Roster shows the applicant's period of deployment as 1 October 1990 to 15 January 1991.

7.  The Operation Desert Shield/Desert Storm, Chronology of Events, for the period 2 August 1990 to 11 April 1991, shows the first ship with the equipment of the 24th Infantry Division (Mechanized) departed Savannah, GA for Southwest Asia (SWA) on 13 August 1990.

8.  There is no evidence in the applicant's military personnel records that shows she was awarded the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), or Kuwait Liberation Medal (Kuwait).

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states:

   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.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Southwest Asia Conflict campaigns and it shows that during the applicant's tour in Southwest Asia (Saudi Arabia) she participated in the following campaigns:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 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 the Persian Gulf War between 17 January 1991 and 28 February 1991.

	c.  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), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  item 12, block f, enter the total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period), from the Enlisted Record Brief.

		(2)  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry would be verified by the Soldier's records; do not use abbreviations.


		(3)  item 18, for an active duty Soldier deployed 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 Gulf War Deployment Roster shows the applicant's period of deployment to SWA as 1 October 1990 to 15 January 1991.  The applicant contends she deployed to SWA on 19 August 1990 and redeployed on 2 February 1991.

2.  The applicant served as a unit supply specialist and she was assigned to HHC/MMC DISCOM, 24th Infantry Division.

	a.  The evidence of record shows the first ship departed for SWA with the division's equipment on 13 August 1990.

	b.  The applicant contends she deployed overseas on a unit movement order on 19 August 1990.

	c.  It is reasonable to conclude that the division's supply personnel deployed to SWA during this timeframe so they would be in-country in order for them to account for and distribute the equipment when it arrived via ship.

	d.  The documentary evidence the applicant provides shows she redeployed subsequent to 28 January 1991 and prior to 11 February 1991.

	e.  Therefore, based on the available evidence, it is concluded that the applicant actually served in SWA from 19 August 1990 through 2 February 1991.

3.  A calculation of the applicant's two periods of foreign service shows:

	1991  02  02	date of redeployment
	- 1990  08  19	date of deployment to SWA
	=     00  05  13
	+                   1	day inclusive
	=     00  05  14	foreign service in SWA


	             1987  03  10    date returned to the United States
	           - 1984  03  21    date departed the United States for Germany
      =    02  11  19
      +                  1    day inclusive
		       02  11  20	foreign service in Germany
	
	02  11  20	service in Germany
	+ 00  05  14	service in SWA
	    = 03  05  04	total foreign service

	a.  Therefore, it would be appropriate to show this total period of foreign service in item 12, block f, of her DD Form 214.

	b.  It would also be appropriate to correct item 18 of her DD Form 214 to show she served in SWA from 19 August 1990 through 2 February 1991.

4.  The evidence of record shows the applicant qualified for award of:

	a.  the Southwest Asia Service Medal and that she served in two campaigns during her service in SWA.  Therefore, she is entitled to award of the Southwest Asia Service Medal with two bronze service stars;

	b.  the Kuwait Liberation Medal (Saudi Arabia); and

	c.  the Kuwait Liberation Medal (Kuwait).

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show her overseas service and all of her awards and decorations as recommended below.

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.  deleting from item 12f of her DD Form 214 the entry "02  11  20" and replacing it with the entry "03  05  04";

	b.  adding to item 13 of her DD Form 214 the:

* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	c.  adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA (SAUDIA ARABIA) FROM 19900819 - 19910202."



      _______ _  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)                                         AR20110015765



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015765



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1