IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110018949 


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 award of the Kuwait Liberation Medal and her service in Desert Storm.

2.  The applicant states that her record of service in Desert Storm and this award are not noted on her DD Form 214.  She is currently serving on active duty in the U.S. Air Force.  She was asked to account for her total time in service.  Unfortunately, she did not look closely at her DD Form 214 until recently.

3.  She provides:

* DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States) page 1
* Narrative Summary for Medical Board
* Medical Evaluation Board Proceedings
* Approval of Physical Evaluation Board (PEB) Proceedings
* DD Form 214
* A picture alleged to be of herself in Saudi Arabia
* Army Quartermaster Museum listing identifying Quartermaster/Supply units deployed in Southwest Asia during Operations Desert Shield/Desert Storm




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 military record shows she enlisted in the Regular Army, in pay grade E-3, on 8 August 1989, for 4 years.  She completed training and was awarded military occupational specialty 31C (Signal Channel Radio Operator).  She was assigned to the 109th Quartermaster (QM) Company, 240th QM Battalion, 475th QM Group, Fort Lee, VA, on 19 August 1990.

3.  Her record contains a DA Form 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal) dated 29 April 1991, which awarded her the Army Achievement Medal, approved by Permanent Order Number 16-20.

4.  Her record also contains the resulting certificate for this award.  The certificate states she was being awarded the Army Achievement Medal for meritorious achievement during operation Desert Shield from 6 October 1990 through 16 January 1991.

5.  A Narrative Summary for a Medical Board, dated 31 October 1991, stated she served in Saudi Arabia in October 1990.  On 9 January 1992, a PEB determined she was fit for military service.

6.  She was honorably released from active duty on 22 February 1993, at the expiration of her term of service and she was transferred to a U.S. Army Reserve Control Group (Reinforcement).  She was credited with completing 3 years, 5 months, and 15 days of net active service.

7.  She was issued a DD Form 214 showing in:

* Item 12f (Foreign Service) - zero foreign service credit

* Item 13 - not entry of the Kuwait Liberation Medal
* Item 18 (Remarks) - no entry to show she served in Southwest Asia.

8.  Other than the Narrative Summary and Army Achievement Medal certificate, the available records do not contain orders or other documentary evidence that correspond to or show her dates of arrival and departure for her service in Saudi Arabia.

9.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War (Desert Shield/Storm).  This list shows she served in the Persian Gulf War from 1 October 1990 through 15 July 1991.

10.  She provided an Army Quartermaster Museum listing identifying Quartermaster/Supply units deployed in Southwest Asia during Operations Desert Shield/Desert Storm which shows her unit, 109th QM Company, 206th QM Battalion, was cited for award of the Meritorious Unit Citation for the period 2 September 1990 to 30 April 1991, by Department of Army General Orders Number 27, dated 27 December 1994.

11.  Army Regulation 600-8-22 (Military Awards) provides that 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.

12.  Army Regulation 600-8-22 also provides that 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.

13.  Army Regulation 600-8-22 further provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia campaign from 2 August 1990 to 16 January 1991, the Liberation and Defense of Kuwait campaign from 17 January to 11 April 1991, and the Southwest Asia Cease-Fire campaign from 12 April 1991 to 30 November 1995.

14.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  It stated, that foreign service performed during the period covered by the DD Form 214 would be entered in Item 12f.  The regulation did not provide for listing service in name of country deployed and the inclusive dates.  The current regulation provides for listing this data in Item 18 of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army Achievement Medal for meritorious achievement in Desert Storm from 6 October 1990 through 16 January 1991.  The preponderance of the evidence of record shows she served in Saudi Arabia on those dates, a period of 3 months and 11 days.  Therefore, she is entitled to a correction of Item 12 of her DD Form 214 to show a credit of 3 months and 11 days.  Under current regulatory policy, she is entitled to correction Item 18 to read:  SERVICE IN SAUDI ARABIA FROM 19901006 - 19910116.

2.  Based on her deployment in support of Operation Desert Shield/Desert Storm and participation in one campaign phase, she is entitled to award of the Kuwait Liberation Medal-Saudi Arabia, the Kuwait Liberation Medal-Kuwait, and the Southwest Asia Service Medal with one bronze service star and correction of her DD Form 214 to reflect these awards.

3.  General orders awarded her unit the Meritorious Unit Citation during her period of assignment.  Therefore, her DD Form 214 should be corrected to show this unit award.

4.  In view of the foregoing, her records should be corrected 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 the applicant's DD Form 214 for the period ending 22 February 1993 the entry "00 00 00" and replacing it with the entry 
"00 03 11";

   b.  adding to Item 13 of her DD Form 214 the:; and 
   
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Southwest Asia Service Medal with one bronze service star
* Meritorious Unit Citation

   c.  adding to Item 18 of her DD Form 214 the entry, "SERVICE IN SAUDI ARABIA FROM 19901006 - 19910116."
   



      _______ _ 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)                                         AR20110018949





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ABCMR Record of Proceedings (cont)                                         AR20110018949



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