IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023330
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 his deployment to the Persian Gulf during Operation Desert Storm in 1991 be documented on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 December 1992.
2. The applicant states he was deployed to the Persian Gulf as part of Operation Desert Storm in 1991. His DD Form 214 does not reflect this deployment and his awards do not include the awards authorized for that deployment.
3. The applicant provides:
* a letter, dated 2 November 1995, from the Department of Veterans Affairs (VA), Veterans Health Administration
* an undated letter from the VA, Medical Center, Martinsburg, WV
* five personal references
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. He enlisted in the Regular Army on 12 July 1990 for a period of 4 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember). He was assigned to Headquarters and Headquarters Company, U.S. Army Garrison, Fort Hood, TX on 5 November 1990.
3. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991.
4. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period 4 February 1991 to 7 April 1991, a period of
2 months and 4 days.
5. On 11 December 1992, he was discharged. His DD Form 214 does not show any foreign service and there is no entry in item 18 (Remarks) indicating the dates of his deployment. His DD Form 214 shows he was awarded or is authorized the:
* National Defense Service Medal
* Army Service Ribbon
6. There are no copies of the applicant's orders for deployment in his official military personnel file (OMPF).
7. An email from the Defense Finance and Accounting Service (DFAS) certifies he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) during the period 1 February 1991 to 30 April 1991.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. Service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for the Liberation and Defense of Kuwait
(17 January to 11 April 1991) campaign.
b. 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.
c. 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.
d. When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.
DISCUSSION AND CONCLUSIONS:
The DMDC Desert Shield/Storm Data Base and the email from DFAS are sufficient evidence to show he was deployed to the Persian Gulf during Operation Desert Storm during the period 4 February 1991 to 7 April 1991. Based on his service in Southwest Asia during Operation Desert Storm it is appropriate to amend his DD Form 214 to show:
* he had 2 months and 4 days of foreign service
* he is authorized the Southwest Asia Service Medal with one bronze service star
* he is authorized the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Government of Kuwait
* he was deployed to Southwest Asia Service from 1991/02/04 to 1991/04/07
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 amending his DD Form 214 as follows:
a. Item 12f (Foreign Service) - change to read 00 02 04
b. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - add the following awards:
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
c. Item 18 - add the entry: Southwest Asia Service: 1991/02/04 to 1991/04/07
_______ _ 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) AR20110023330
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ABCMR Record of Proceedings (cont) AR20110023330
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