IN THE CASE OF:	  

		BOARD DATE:  5 June 2012

		DOCKET NUMBER:  AR20110021709


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 service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm, as well as any awards or service medals he may be entitled to for that service.

2.  The applicant states:

* during his period of active service, he was primarily assigned to 3rd Battalion, 68th Armor Regiment, 4th Infantry Division; however, once deployed to SWA, he was attached to 3rd Battalion, 67th Armor Regiment, 2nd Armored Division
* at the completion of his deployment in SWA he first returned to Fort Hood, TX, the home of 3rd Battalion, 67th Armor Regiment, before later returning to Fort Carson, CO
* he was released from active duty at Fort Carson, CO; however, his outprocessing was accomplished with a temporary record, since his Military Personnel Records Jacket (MPRJ) was still en route from SWA
* he is now requested the addition of missing information, specifically regarding his service in SWA

3.  The applicant provides:

* Orders 015-755, Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, dated 28 January 1991
* DA Form 3686 (JUMPS – Army Leave and Earnings Statement), covering the months March, April, and May 1991
* DD Form 214
* a letter from the U.S. Army Human Resources Command (HRC), dated 
15 March 2010
* two letters, dated 23 July 2010 and 13 May 2011, he previously sent to the Commander, HRC, St. Louis, MO, in an attempt to have his military records corrected

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 record shows he enlisted in the Regular Army on 5 January 1988.  He completed training and he was awarded military occupational specialties 19E (M48 – M60 Armor Crewman) and 19K (M1 Armor Crewman).

3.  His MPRJ contains Orders 015-755, Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, dated 28 January 1991, that identify him by name as part of a group of 7 Soldiers from Company B, 3rd Battalion, 68th Armor Regiment who were ordered to deploy to SWA for a period of 179 days, effective 1 February 1991.

4.  On 24 May 1991, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he completed 3 years, 4 months, and 19 days of net active service during this period of enlistment.  

   a. Item 12f (Record of Service – Foreign Service) of his DD Form 214 does not show he performed any foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was previously awarded the Southwest Asia Service Medal, the Kuwait Liberation Medal issued by the Kingdom of Saudi Arabia (KLM-SA), or the Kuwait Liberation Medal issued by the Government of Kuwait (KLM-KU).

   c. Item 18 (Remarks) of his DD Form 214 does not show that he participated in any named operations or campaigns; however, it does contain the entry, "separated from service on temporary records and Soldier’s affidavit.  A 
DD Form 215 (Correction to DD Form 214) will be issued to provide any missing information or to correct any information."

5.  On 24 August 1992, a DD Form 215 was issued that corrected a number of administrative errors on his DD Form 214; however, it did not address his service in SWA.

6.  His name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center.  The primary 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 to SWA from 1 February 1991 to 24 May 1991.

7.  He provides 3 DA Forms 3686 that detail the pay and allowances he received in March, April, and May 1991.  These LESs show he received danger pay and overseas pay in the months of March and April 1991.  None of the 3 LES's indicate his exact start date of service in SWA; however, his May 1991 LES indicates his overseas pay was terminated on 19 April 1991.  

8.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal 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 on the Southwest Asia Service Medal for the Defense of Saudi Arabia
(2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait 
(17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 
30 November 1995).

9.  Army Regulation 600-8-22 states the 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 and 28 February 1991.

10.  Army Regulation 600-8-22 states the 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 (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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Table 2-1 provides:  

   a. Item 12f of the DD Form 214 documents the total amount of foreign service completed during the period covered in item 12c.  

   b. Item 13 of the DD Form 214 documents the decorations, medals, badges, citations, and campaign ribbons awarded or authorized.    

   c. Item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of separating Soldier's during this period of service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show his service in Southwest Asia during Operations Desert Shield/Desert Storm, as well as any awards or service medals he may be entitled to for that service, was carefully considered.

2.  The preponderance of the evidence of record (based upon his LES’s and his statement) shows he served in Southwest Asia from 1 February 1991 through 
19 April 1991, which equates to 2 months and 19 days of foreign service.  This service is not reflected on his DD Form 214; therefore, it would be appropriate to amend item 12f of his DD Form 214 to show he served 2 months and 19 days of foreign service.

3.  It would also be appropriate to amend item 18 of his DD Form 214 by adding "SERVICE IN SOUTHWEST ASIA FROM 19910201 - 19910419."

4.  The applicant's foreign service was within the regulatory timeframe for award of the Southwest Asia Service Medal, KLM-SA, and KLM-KU, which are not shown on his DD Form 214; therefore, he is entitled to correction of his 
DD Form 214 to show these awards.  Additionally, he participated in two campaigns during his service in Southwest Asia; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his Southwest Asia Service Medal.

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. Amending item 12f of his DD Form 214 to read "00  02  19,"

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

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

   c. Amending item 18 of his DD Form 214 to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19910201-19910419."



      ____________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)                                         AR20100010470



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ABCMR Record of Proceedings (cont)                                         AR20110021709



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