IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110018099 


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 he:

* served with the 24th Infantry Division (Mechanized) in Operation Desert Shield/Storm
* received the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal, and the National Defense Service Medal (NDSM)

2.  He states he believes his DD Form 214 should show the items listed above.

3.  He provides a letter from the Office of the Secretary of Defense and a Khamisiyah Fact Sheet.

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 requested that the NDSM be added to item 13 (Decorations, Medals Badges, Citations and Campaign Ribbons Awarded or Authorized of his DD Form 214 for the period ending 6 September 1994.  His DD Form 214 currently shows he was awarded the NDSM.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  Following a period of service in the U.S. Army Reserve, on 31 October 1990, the applicant enlisted in the Regular Army.

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) is blank.  However, item 35 (Record of Assignments) shows:

* effective 10 January 1991, he was in a casual status en route to Operation Desert Storm from Fort Stewart, GA
* effective 11 January 1991 through 22 March 1991, he was assigned to the 2d Battalion, 69th Armor, 197th Infantry Brigade
* effective 23 March 1991, he was in a casual status en route back to Fort Stewart

5.  On 6 September 1994, he was administratively discharged from the Army.  The DD Form 214 he was issued at the time shows in:

* item 12f (Foreign Service) the entry "00  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* NDSM
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(9 mm)
* First Class (Sharpshooter Marksmanship) Qualification Badge with Grenade Bar

* item 18 (Remarks) no entries documenting deployed service

6.  The applicant's name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary Desert 


Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The database shows he was deployed from 1 January 1991 through 15 April 1991.

7.  A brief history of the 2d Battalion, 69th Armor Regiment, published on the unit's website shows the unit led the assault of the 24th Infantry Division into Iraq as part of the 197th Brigade (Separate) during Operation Desert Storm in February 1991.

8.  Army Regulation 600-8-22 (Military Awards) states the SWASM 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 award for participation in each credited campaign.  Approved designated campaigns are the:

* 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)

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

10.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

11.  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 the standardized policy for the preparation of the DD Form 214.  It states for:

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

	b.  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)" in block 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed for service in Operation Desert Shield/Storm.  It is common knowledge that nearly all units that participated in Operation Desert Shield/Storm in late 1990 and early 1991 were deployed to Saudi Arabia in preparation for entry into Kuwait upon initiation of the ground campaign.  The record shows the applicant's unit led the 24th Infantry Division into Iraq in February 1991.

2.  There is no provision for an entry on the DD Form 214 showing the unit with which a Soldier was deployed.  However, the governing regulation does provide for showing the country to which the member was deployed and the period of the deployment.  

3.  His DA Form 2-1 shows he was deployed from 11 January 1991 through 22 March 1991 (2 months and 12 days), and the DMDC database shows he was deployed from 1 January 1991 through 15 April 1991.  It appears his DA
Form 2-1 is the more accurate record of the actual dates of his deployment.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 6 September 1994 to show this foreign service in item 12f and to add a the required statement in item 18 of his DD Form 214 to show he was deployed to Saudi Arabia and Kuwait during the period 11 January 1991 through 22 March 1991.

4.  The record shows his service in Saudi Arabia and Kuwait meets the criteria for award of the SWASM.  His service also coincided with the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 6 September 1994 to show the SWASM with two bronze service stars.

5.  The applicant served a qualifying period of service for the KLM-SA and the KLM-KU.  Therefore, his DD Form 214 for the period ending 6 September 1994 should be corrected to show these awards.

6.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X  __  ____X __  ____X  __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his DD Form 214 the entry "00  00  00" and replacing it with the entry "00  02  12";

	b.  add to item 13 of his DD Form 214 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait

	c.  add to item 18 the entry " SERVICE IN SAUDI ARABIA/KUWAIT FROM 19910111 - 19910322."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he served with the 24th Infantry Division (Mechanized) in Operation Desert Shield/Storm.



      _______ _   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)                                         AR20110018099



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ABCMR Record of Proceedings (cont)                                         AR20110018099



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