IN THE CASE OF:	  

		BOARD DATE:  15 March 2012

		DOCKET NUMBER:  AR20110015874 


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 his foreign service in support of Operations Desert Shield/Desert Storm.

2.  The applicant states his service during Desert Shield/Desert Storm is not documented on his DD Form 214.  He contends he is a veteran of the Gulf War and deserves recognition.

3.  The applicant provides his DD Form 214, photographs, a telephone bill, and postmarked letters.

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 10 March 1981.  He completed training and he was awarded military occupational specialty 31K (Combat Signaler).

3.  On 21 July 1992, he was honorably released from active duty under the Fiscal Year 1992 Enlisted Voluntary Early Transition Program.  This form shows he completed 11 years, 4 months, and 12 days of creditable active service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon 
* Overseas Service Ribbon (3rd Award)
* Air Assault Badge
* Driver and Mechanic's Badge with Driver-W Bar
* Army Lapel Button

5.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Desert Storm Data Base.  The primary Desert Shield/Desert Storm file contains one record for each active duty member who participated in-theater between 1 September 1990 and 31 July 1991 and one record for each Reserve/National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.

6.  The Desert Shield/Desert Storm Data Base shows he served in Southwest Asia from 1 September 1990 to 26 March 1991.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  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.  A 


bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include:

* 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)

	b.  the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is authorized to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991; and

	c.  the Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is authorized 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.

8.  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 to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his participation in Operations Desert Shield/Desert Storm be added to his DD Form 214.

2.  The evidence of record shows he served during three campaigns in the Persian Gulf from 1 September 1990 to 26 March 1991, as evidenced by an entry on the Operation Desert Shield/Desert Storm Data Base.  This is a qualifying period for award of the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Kuwait.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Further, it would be appropriate to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901 TO 19910326" to item 18 of his DD Form 214.


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:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901-19910326.



      _______ _   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)                                         AR20110015874



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ABCMR Record of Proceedings (cont)                                         AR20110015874



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