IN THE CASE OF:	  

		BOARD DATE:	    10 April 2012

		DOCKET NUMBER:  AR20110019033 


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:

	a.  his dates of service in Southwest Asia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty);

	b.  Southwest Asia awards; and

	c.  the Mechanic Badge and two awards of the Army Achievement Medal (AAM) be added to his DD Form 214. 

2.  The applicant states:

   a.  he participated in Operation Desert Storm in Southwest Asia and his 
DD Form 214 does not show this combat service or any awards for this service; and

   b.  his DD Form 214 does not show two awards of the AAM or the Mechanic Badge.

3.  The applicant provides two service medical records.





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 28 June 1989 for a period of 4 years.  He served as a heavy wheel vehicle mechanic and was released from active duty on 6 November 1992 and placed on the Temporary Disability Retired List the following day.  

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 6 November 1992 shows the:

* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  Item 18 (Remarks) of this DD Form 214 does not show any deployments.

5.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 and one record for each Reserve and National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm.

6.  The Operations Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 1 October to 31 December 1990.

7.  He enlisted in the RA on 17 August 1994 for a period of 3 years.  He served as a heavy wheeled vehicle mechanic and he was honorably discharged on 
16 August 1997. 
8.  Item 13 of his DD Form 214 for the period ending 16 August 1997 shows the:

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars 

9.  Permanent Orders 30-14, dated 11 May 1995, show he received the AAM for meritorious achievement for the period 29 March to 3 May 1995.

10.  Permanent Orders 02-26, dated 28 February 1996, show he received the AAM for meritorious achievement.

11.  A memorandum, dated 27 October 1998, shows the applicant was awarded the Mechanic Badge (correctly known as the Driver and Mechanic Badge).

12.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) 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 (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 October 1995)

13.  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.

14.  Army Regulation 635-5 (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.  The regulation also 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.



DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Southwest Asia, he is authorized the SWASM with one bronze service star and KLM-KU.  His DD Form 214 for the period ending 
6 November 1992 should be corrected to show these awards.

2.  The entry from the DMDC is accepted as sufficient evidence in which to amend item 18 of his DD Form 214 for the period ending 6 November 1992 to show his dates of service in Southwest Asia.  Therefore, item 18 of this DD Form 214 should be corrected to show he served in Southwest Asia from 1 October 1990 to 31 December 1990.

3.  Permanent orders show he received two awards of the AAM.  His DD Form 214 for the period ending 16 August 1997 should be corrected to show these medals.

4.  The memorandum which states the applicant was awarded the Mechanic Badge is accepted as sufficient evidence on which to add this badge to his
DD Form 214 for the period ending 16 August 1997.

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:

	a.  adding to item 13 of his DD Form 214 for the period ending 6 November 1992 the SWASM with one bronze service star and KLM-KU;
   
	b.  adding to item 18 of his DD Form 214 for the period ending 6 November 1992 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19901231"; and
   
   c.  adding to item 13 of his DD Form 214 for the period ending 16 August 1997 the Driver and Mechanic Badge and two awards of the AAM.




      ___________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)                                         AR20110019033



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ABCMR Record of Proceedings (cont)                                         AR20110019033



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