BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110017443 


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 document his service in Saudi Arabia.

2.  The applicant states he has no proof of his service in Saudi Arabia in support of Operation Desert Storm.

3.  The applicant provides a VII Corps Certificate of Commendation, Army Commendation Medal (ARCOM) Certificate, and miscellaneous service records in support of his application.

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 14 August 1985 and was initially trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  He was later trained in and awarded MOS 96B (Intelligence Analyst) in January 1991.

3.  The applicant's record shows he served in Germany for 2 years, 10 months, and 12 days from 3 April 1987 through 14 February 1990.

4.  On 18 May 1993, the applicant was honorably discharged in the rank of sergeant/E-5 after completing a total of 7 years, 9 months, and 5 days of active military service.  Item 12f (Foreign Service) of his DD Form 214 contains the entry "02  10  12" and item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) includes no Southwest Asia (SWA) service awards.  Item 18 (Remarks) is void of an entry regarding SWA/
Saudi Arabia service.

5.  The applicant provides an ARCOM Certificate showing he received this award for meritorious service in support of Operation Desert Storm.  He also provides a VII Corps Saudi Arabia Certificate of Commendation for his participation in Operation Desert Storm.

6.  A review of the Gulf War Roster reveals an entry pertaining to the applicant that shows he served in SWA for 1 month and 9 days from 15 March through 23 April 1991.

7.  Army Regulation 635-5 (Separation Documents) 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.  The instructions for item 12f state to include all overseas service.  The instructions for item 13 state to add all earned awards.  The instructions for item 18 state that for an active duty Soldier deployed with his or her unit during their continuous period of active service, to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The SWA Service Medal (SWASM) is authorized for service in SWA on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized with this award for each SWA campaign a member is credited with participating in.  Appendix B contains a list of campaigns and shows that during the applicant's service in SWA, participation credit was granted for the following campaigns for the periods indicated:

* Liberation and Defense of Kuwait (17 January-11 April 1991)
* SWA Cease-Fire (12 April 1991-30 November 1995)

	b.  The Kuwait Liberation Medal-Kuwait (KLM-KU) it is authorized for participation in Operations Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.

	c.  The Kuwait Liberation Medal-Saudi Arabia (KLM-SA) is authorized for participation in Operation Desert Storm in SWA between 17 January and 28 February 1991.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to document his service in Saudi Arabia has been carefully considered and found to have merit.  The official Gulf War Roster confirms the applicant served in SWA from 15 March through 23 April 1991.  As a result, it would be appropriate to amend item 12f of his DD Form 214 to add the additional 1 month and 9 days he served in SWA and to document this service in item 18 by adding the entry "SERVICE IN SOUTHWEST ASIA/SAUDI ARABIA FROM 19910315-19910423."

2.  Based on his SWA service, the applicant is also eligible for the SWASM with two bronze service stars, KLM-SA, and KLM-KU.  Therefore, it would also be appropriate to add these awards to item 13 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 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 amending his DD Form 214 as follows:

	a.  item 12f – deleting the current entry and replacing it with "0002  11  21";

	b.  item 13 – adding the SWASM with two bronze service stars, KLM-SA, and KLM-KU; and

	c.  item 18 – adding the entry "SERVICE IN SOUTHWEST ASIA/
SAUDI ARABIA FROM 19910115-19910423."



      ___________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)                                         AR20110017443



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ABCMR Record of Proceedings (cont)                                         AR20110017443



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