IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110022060 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his deployment with Headquarters and Headquarters Company, 1st Battalion, 32nd Armor Regiment, 1st Cavalry Division, Fort Hood, TX, and foreign service in Southwest Asia. 

2.  The applicant states, in effect, he arrived at Fort Riley, KS in January 1991; however, his DA Form 2A (Personnel Qualification Record – Part I) shows he arrived in Kansas on 23 July 1991.  He states, upon his arrival in January 1991, his unit was already deployed and he stayed at Fort Riley for approximately two weeks before deploying to Southwest Asia.  He further claims he is experiencing medical problems after serving in Southwest Asia with Headquarters and Headquarters Company, 1st Battalion, 32nd Armor Regiment, 1st Cavalry Division, Fort Hood, TX, and he needs to have his record corrected to reflect his Southwest Asia service so he can be placed on the Gulf War Registry.     

3.  The applicant provides:

* DA Form 2A 
* 1-page Immunization Record
* 3 pages of 1st Cavalry Division history
* Army Good Conduct Medal Certificate
* 2 Certificates of Training
* Certificate of Achievement
* Certificate of Graduation
* Opposing Forces Academy Certificate
* DD Form 214
* DD Form 215 (Correction to 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 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 on 27 November 1985.  After completing initial entry training, he was awarded military occupational specialty 19E (Armor Crewman), in which he served throughout his Army service.  He received an under honorable conditions discharge on 9 January 1992 after completing 7 years, 1 month, and 13 days of active service.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) contains the following information:

* Item 5 (Overseas Service) shows he served 3 years of foreign service in:

* Germany from 31 March 1986 to 22 March 1988, a period of 1 year,  11 months, and 23 days
* Korea from 18 December 1989 to 17 December 1990, a period of        1 year

4.  The applicant’s DD Form 214 contains the following:

* Item 12a (Date Entered Active Duty This Period):  “85 11 27”
* Item 12b (Separation Date This Period) – (later corrected by DD Form 215):  “92 01 09”
* Item 12c (Net Active Service This Period):  “06 01 13”
* Item 12f (Foreign Service):  “02 11 22”
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  Army Service Ribbon, National Defense Service Ribbon, Overseas Service Ribbon “2,” Army Good Conduct Medal (2nd Award), Army Achievement Medal, Noncommissioned Officer Professional Development Ribbon, Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Item 18 (Remarks) does not contain an entry indicating service in Southwest Asia   

5.  His record contains Orders 21-5, dated 31 January 1991, which show he was  reassigned on 2 February 1991, from Headquarters and Headquarters Company, 1st Infantry Division, Replacement Section, Fort Riley, KS, to Headquarters and Headquarters Company, 4th Battalion, 37th Armor Regiment, Fort Riley, KS.

6.  His record does not contain nor did he provide evidence which shows he was ever assigned to or deployed with Headquarters and Headquarters Company,       1st Battalion, 32nd Armor Regiment, 1st Cavalry Division, Fort Hood, TX, to Southwest Asia.

7.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary Desert Shield/Storm 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 Southwest Asia from 3 February through 18 April 1991 (a period of  2 months and 16 days) and 1 August through 31 August 1991 (a period of         31 days).

8.  His records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 12 September 1991, which shows he was attending the Primary Leadership Development Course (PLDC) at Fort Riley, KS for the period           16 August  through 12 September 1991.

9.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that 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.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.
	
   c.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”  

10.  Army Regulation 600-8-22 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 with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

11.  Army Regulation 600-8-22 states the Kuwait Liberation Medal - Saudi Arabia 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.  Additionally, this regulation also states the Kuwait Liberation Medal - Kuwait 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his deployment with Headquarters and Headquarters Company, 1st Battalion, 32nd Armor Regiment, 1st Cavalry Division, Fort Hood, TX and foreign service in Southwest Asia was carefully considered and determined to have partial merit.

2.  His record does not contain nor did he provide evidence which shows he was assigned to or deployed with Headquarters and Headquarters Company,           1st Battalion, 32nd Armor Regiment, 1st Cavalry Division, Fort Hood, TX, to Southwest Asia.  Accordingly, the available evidence does not support correcting his record for this instance.
3.  Evidence shows he served a combined total of 3 years, 2 months, and 9 days of foreign service in the following locations:

* Germany from 31 March 1986 to 22 March 1988, a period of 1 year,       11 months, and 23 days
* Korea from 18 December 1989 to 17 December 1990, a period of 1 year
* Southwest Asia from 3 February to 18 April 1991, a period of 2 months and 16 days

4.  The applicant’s name appears twice in the Desert Shield/Storm Database compiled by the DMDC.  The database shows he was deployed to Southwest Asia from 3 February through 18 April 1991 (a period of 2 months and 16 days) and 1 August through 31 August 1991 (a period of 31 days).  However, the applicant’s records show he was attending PLDC at Fort Riley, KS on 16 August 1991.  Therefore, in the absence of evidence to the contrary, it is reasonable to presume the period 1 through 31 August 1991 was a data entry error and should not be recognized. 

5.  Evidence shows he served a qualifying period of time (3 February through   18 April 1991) in a designated location to qualify for award of the Southwest Asia Service Medal.  Evidence also shows he participated in two campaigns while serving in Southwest Asia.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Southwest Asia Service Medal with two bronze service stars.

6.  Evidence shows he served a qualifying period of time in a designated location to qualify for award of both the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to have his DD Form 214 corrected to show these foreign awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the current entry in item 12f and replacing it with the entry "03  02  09";

	b.  adding the following entry to item 13:  “SOUTHWEST ASIA SERVICE MEDAL WITH TWO BRONZE SERVICE STARS//KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT//"; 

	c.  adding the following entry to item 13:  "SERVICE IN SOUTHWEST ASIA FROM 19910203 - 19910418"; and

   d.  providing him an appropriate document showing these corrections.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his record to show he was deployed to Southwest Asia with Headquarters and Headquarters Company, 1st Battalion, 32nd Armor Regiment, 1st Cavalry Division, Fort Hood, TX.




      _______ _   _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)                                         AR20110022060



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ABCMR Record of Proceedings (cont)                                         AR20110022060



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