BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110017983 


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 the Southwest Asia Service Medal.

2.  The applicant states he served in Southwest Asia in support of Operations Desert Shield/Desert Storm from 19 December 1990 to 15 May 1991.

3.  The applicant 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 enlisted in the Regular Army (RA) on 22 October 1986 and he held military occupational specialty 45K (Tank Turret Repairer).
3.  He served through multiple extension or reenlistments in the RA and he attained the rank/grade of private first class (PFC)/E-3.

4.  He served in Germany from 24 June 1987 to 16 November 1991.  He was assigned to B Company, 45th Support Battalion.

5.  Permanent Order Number 28-11, issued by Headquarters, 45th Support Battalion, dated 21 October 1991, awarded him the Army Achievement Medal for meritorious service from June 1987 to December 1991.  Achievement Number 4 of his DA Form 638-1 (Recommendation for Award) shows the entry:

Served as an orderly room clerk prior to deployment to Southwest Asia and helped process and move personnel records for a 257-member company to and from the desert.

6.  His name is shown on the Gulf War roster as having served in Southwest Asia from 1 January 1990 to 15 May 1991.

7.  He was honorably released from active duty on 17 September 1992.  His
DD Form 214 shows in:

	a.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal
* Overseas Service Ribbon
* Army Commendation Medal
* Army Achievement Medal

	b.  Item 18 (Remarks) no deployed service

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 states that for an active duty Soldier deployed 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 item 18.

9.  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 are:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 - 30 November 1995)

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Southwest Asia from 19 December 1990 to 15 May 1991.  These dates are consistent with the dates shown on the Gulf Roster and his deployment is further supported with the achievement shown on his award recommendation.  Therefore, he is entitled to correction of his
DD Form 214 to show this period of service.

2.  Based on his service in Southwest Asia he served during a qualifying period for award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).  Additionally, he participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on the Southwest Asia Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

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 19901219 - 19910515."



      _________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)                                         AR20110017983



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ABCMR Record of Proceedings (cont)                                         AR20110017983



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