IN THE CASE OF:	  

		BOARD DATE:  10 April 2012

		DOCKET NUMBER:  AR20110020139 


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 his foreign service in Southwest Asia and all associated awards. 

2.  He states his DD Form 214 does not show his deployment in support of Operation Desert Shield/Storm and associated medals. 

3.  He provides a copy of his DD Form 214 for the period ending 23 May 1991. 

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.  He enlisted in the U.S. Army Reserve (USAR) on 25 May 1990.  After completion of training, he served in military occupational specialty 88M (Motor Transport Operator).

3.  Item 5 (Overseas Service) and item 27 (Remarks) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) show he performed duty in an imminent danger pay area (Saudi Arabia) from 8 November 1990 through 7 April 1991.  He was assigned with the 547th Transportation Company during this period. 

4.  He was released from active duty on 23 May 1991, after completing 8 months and 3 days of honorable net active service.  His DD Form 214 shows the following:

* Item 12f (Foreign Service) – 5 months, and 15 days
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbon Awarded or Authorized):

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with (M-16 Rifle Bar)
* Marksman Marksmanship Qualification Badge with (Grenade Bar)
* Army Lapel Button

* Item 18 (Remarks) – no foreign service entry

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

   a.  The Southwest Asia Service Medal (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 medal for participation in each credited campaign.  Approved designated campaigns include:
   
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
   
   b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992.  It 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 (KLM-K), approved on 9 November 1995, 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.

6.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Chapter 2 states for a Reserve Soldier ordered to active duty and deployed to a foreign country enter the following three statements in item 18 of the DD Form 214:  

   a. “ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)”; 
   
   b. "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)"; and 
   
   c. “SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 confirms he served in Saudi Arabia in support of Desert Shield/Storm from 8 November 1990 through 7 April 1991.  

2.  As a result, he is entitled to have the following amendments made to his 
DD Form 214 for the period ending 23 May 1991:

      a.  Item 13 – Addition of the SWASM with two bronze service stars, KLM-SA, and KLM-K; and

   b.  Item 18 – Addition of the following entries:
   
      (1)  ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION DESERT SHIELD/STORM) PER 10 USC SECTION 12302; 
   
(2)  SERVICE IN (SAUDI ARABIA) FROM 19901108 – 19910407; and
   
      (3)  SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS.

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 amending his DD Form 214 for the period ending 23 May 1991 by:

   a.  adding the following awards to item 13:

* SWASM with two bronze service stars
* KLM-SA
* KLM-K

   b.  adding the following entries to item 18:
   
      (1)  ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION DESERT SHIELD/STORM) PER 10 USC SECTION 12302; 
   
(2)  SERVICE IN (SAUDI ARABIA) FROM 19901108 – 19910407; and
   
      (3)  SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS.

      _______ _   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)                                         AR20110020139





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ABCMR Record of Proceedings (cont)                                         AR20110020139



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