IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110022891 


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 that his deployment to Southwest Asia (SWA) in support of Operation Desert Shield/Storm be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he deployed to SWA from September 1990 to April 1991 and that deployment is not reflected on his DD Form 214.  He also states this information is important for his health benefits.

3.  The applicant provides copies of his Leave and Earnings Statements, Certificates of Achievement, and award certificates. 

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 26 September 1986 under the Airborne Training Option.  He completed one-station unit training as a light vehicle mechanic at Fort Leonard Wood, Missouri and airborne training at Fort Benning, Georgia.  He was transferred to Fort Bragg, North Carolina on 30 April 1987 and assigned to the 20th Engineer Brigade.

3.  Information obtained from the Defense Finance and Accounting Service database indicates the applicant served in SWA from "900901 – 910420" 
(7 months and 20 days).

4.  The applicant was transferred to Germany on 17 May 1992 and he served until 29 March 1995.  He was honorably discharged on 1 May 1995 due to completion of required service.  He had completed 8 years, 7 months, and
6 days of active service.  

5.  His DD Form 214 issued at the time of his discharge shows in block 12f (foreign service) he completed 2 years, 10 months, and 13 days and it does not reflect his deployment to SWA.  This DD Form 214 also shows he was awarded the Army Achievement Medal (3d Award), Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Parachutist Badge and marksmanship and drivers badges.

6.  Army Regulation 635-5 (Separation Program Designator) serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service during Operation Desert Shield/Storm, the following entry will be made:  "SERVICE IN SOUTHWEST ASIA FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

7.  Army Regulation 600-8-22 (Military Awards) states 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 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)


8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

9.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his deployment to SWA should be added to his DD Form 214 has been noted and found to have merit.  Accordingly, the entry “Service in SWA 19900901 – 19910420” should be added to block 18 of his     DD Form 214. 

2.  The applicant served 2 years, 10 months, and 13 days of foreign service in Germany and 7 months and 20 days in SWA.  Accordingly, his DD Form 214 should be corrected to show he served 3 years, 6 months, and 3 days of foreign service.

3.  The applicant served during three campaigns in SWA and he served during qualifying periods for award of the SWASM with three bronze service stars, the KLM-K and KLM-SA.  Accordingly, these medals should be awarded at this time and added to his DD Form 214.

BOARD VOTE:

___X____  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the entry “02  10  13” from block 12f of his DD Form 214 and adding the entry “03  06  03”
* adding the SWASM with three bronze service stars, KLM-K and KLM-SA to his DD Form 214 and issuing them to him
* Adding the entry “Service in SWA 19900901 – 19910420” to block 18 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20110022891



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ABCMR Record of Proceedings (cont)                                         AR20110022891



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