IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110020529
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 in Southwest Asia (SWA) from "2 February 1991 - 3 May 1991" instead of "2 March 1991 - 5 March 1991."
2. The applicant states his SWA service dates were entered incorrectly on his DD Form 214 to show he served only 3 days in SWA.
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 applicants 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 applicants 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 on 9 July 1987. He completed training and he was awarded military occupational specialty 67V (Observation/
Scout Helicopter Repairer). The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.
3. Orders Number 024-247, issued by Headquarters, 10th Mountain Division (Light Infantry), Fort Drum, NY, dated 24 January 1991, ordered him to deploy to Saudi Arabia on or about 26 January 1991 in support of Operation Desert Storm for a period of 179 days.
4. He was honorably released from active duty on 8 July 1991 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years, 11 months, and 28 days of creditable active service. Item 12f (Foreign Service) of his DD Form 214 does not list any foreign service. Item 18 (Remarks) shows the entry "Service in SWA from 910302 - 910305."
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Aircraft Crew Member Badge
6. On 30 September 1992, he was issued a DD Form 215 (Correction to
DD Form 214) that added to:
* Item 12f, the entry "00 00 04" to show he completed 4 days of foreign service
* Item 13, the SWA Service Medal with one bronze service star
7. His name appears on the Gulf War Deployment Roster, showing he was deployed from 1 February 1991 to 31 May 1991. The Gulf War Roster records deployment dates using the first and last day of the arrival and departure months.
8. Army Regulation 600-8-22 (Military Awards) states:
a. 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; and
b. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was deployed to SWA from 2 February 1991 to
3 May 1991, which equates to a period of 3 months and 2 days of foreign service. The Gulf War Roster substantiates his claim that he was deployed between February and May 1991. Therefore, his DD Form 214 should be corrected accordingly.
2. He served in SWA from 2 February 1991 to 3 May 1991, a qualifying period to service for the KLM-SA and the KLM-KU. Therefore, his DD Form 214 should be corrected 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 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. deleting from Item 12f of his DD Form 214 the entry "00 00 04" and replacing it with the entry "00 03 02";
b. deleting from item 18 of his DD Form 214 the entry "Service in SWA 910302 - 910305" and replacing it with the entry "Service in Southwest Asia from 910202 - 910503"; and
c. adding to Item 13 of his DD Form 214 the:
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
__________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) AR20110020529
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ABCMR Record of Proceedings (cont) AR20110020529
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