IN THE CASE OF:	  

		BOARD DATE:  23 May 2012

		DOCKET NUMBER:  AR20110022624 


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 support of Operation Desert Storm (ODS) from 26 August 1990 to 5 April 1991 and all authorized awards.

2.  The applicant states he was assigned to the 47th Field Hospital and served in ODS.  He redeployed to the United States for separation processing, but his foreign service was not recorded on his DD Form 214.

3.  The applicant provides, in support of his request, a copy of a memorandum certifying his participation in ODS and 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 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 had prior enlisted service in the Army National Guard from
12 November 1984 through 1 January 1987.  Upon completion of training, he was awarded military occupational specialty (MOS) 91P (X-Ray Specialist).

3.  The applicant enlisted in the Regular Army on 2 January 1987 for a period of 4 years.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):

* Korea from 28 June 1989 through 25 June 1990
* Saudi Arabia from 24 August 1990 (no entry for a "Thru" date)

	b.  item 35 (Record of Assignments):  47th Field Hospital, Fort Sill, Oklahoma, effective 30 July 1990.

5.  The applicant's DD Form 214 shows he entered active duty on 2 January 1987 and was honorably discharged on 10 May 1991 based on expiration of term of service.  He completed 4 years, 9 months, and 8 days of active service.  It also shows in:

	a.  item 12 (Record of Service), block f (Foreign Service):  0 years, 0 months, and 0 days;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Army Achievement Medal (1st Oak Leaf Cluster)
* Noncommissioned Officer Professional Development Ribbon
* Driver Badge with "W" (Wheeled Vehicle) Bar
* Expert Field Medical Badge
* Army Good Conduct Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* National Defense Service Medal

	c.  Item 18 (Remarks) does not show he deployed with his unit to Southwest Asia (SWA).

6.  In support of his request, the applicant provides a memorandum from the Commander, 214th Field Artillery Brigade, Fort Sill, Oklahoma, certifying that he participated in ODS from 26 August 1990 to 5 April 1991 while assigned to the 47th Field Hospital per Headquarters, U.S. Army Field Artillery Center and Fort Sill, Oklahoma, Unit Order Number 164-21, dated 28 August 1990.

7.  A review of the Gulf War Deployment Roster shows the applicant's period of deployment as 1 August to 31 December 1990.

8.  There is no evidence in the applicant's military personnel records that shows he was awarded the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), or Korea Defense Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

   b.  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.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Southwest Asia Conflict campaigns and it shows that during the applicant's tour in Southwest Asia (Saudi Arabia) he participated in the following campaigns:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991)

	c.  The Kuwait Liberation Medal, 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.

	d.  The Kuwait Liberation Medal, 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.
10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  item 12, block f:  enter the total amount of foreign service completed during the period covered in item 12, block c (Net Active Service This Period), from the Enlisted Record Brief;

		(2)  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

		(3)  item 18:  for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's deployment to SWA, as follows:

* Personnel Qualification Record:  deployed on 24 August 1990
* Gulf War Deployment Roster:  1 August to 31 December 1990
* Commander's Memorandum:  26 August 1990 to 5 April 1991

	a.  Based on the available evidence, it is concluded that the applicant actually served in SWA from 26 August 1990 through 5 April 1991.

	b.  The applicant served in Korea from 28 June 1989 through 25 June 1990.


2.  A calculation of the applicant's two periods of foreign service shows:

	1991  04  05	date of redeployment
	- 1990  08  26	date of deployment to SWA
	=     00  07  09
	+                   1	day inclusive
	=     00  07  10	foreign service in SWA


	             1990  06  25    date of redeployment
	           - 1989  06  28    date of deployment to Korea
      =    00  11  27
      +                  1    day inclusive
		       00  11  28	foreign service in Korea

	00  11  28	service in Korea
	+ 00  07  10	service in SWA
	    = 00  18  38	foreign service

	                01  07  08	total foreign service

	a.  Therefore, it would be appropriate to show this total period of foreign service in item 12, block f, of his DD Form 214.

	b.  It would also be appropriate to correct item 18 of his DD Form 214 to show he served in SWA from 26 August 1990 through 5 April 1991.

3.  The evidence of record shows the applicant qualified for award of the:

	a.  Southwest Asia Service Medal and that he served in two campaigns during his service in SWA; therefore, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars;

	b.  Kuwait Liberation Medal (Saudi Arabia);

	c.  Kuwait Liberation Medal (Kuwait); and

	d.  Korea Defense Service Medal.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his overseas service and all of his awards and decorations, as recommended below.

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:

	a.  deleting from item 12, block f of his DD Form 214 the entry "00  00  00" and replacing it with the entry "01  07  08";

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

* Southwest Asia Service Medal with 2 bronze service stars
* Korea Defense Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA (SAUDIA ARABIA) FROM 19900826-19910405."




      _______ _  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)                                         AR20110022624



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ABCMR Record of Proceedings (cont)                                         AR20110022624



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