IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023631
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of her awards.
2. The applicant states, in effect, she is entitled to additional awards that are not shown on her DD Form 214.
3. The applicant provides two DD Forms 214, DA Form 2-1 (Personnel Qualification Record), and DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States).
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. The applicant's records show she enlisted in the Regular Army on 23 November 1984 and held military occupational specialty 88M (Motor Transport Operator).
3. She was honorably released from active duty on 11 December 1989 and transferred to the U.S. Army Reserve (USAR). She completed 5 years and 19 days of creditable active service during this period of service.
4. The DD Form 214 she was issued for this period of service shows the:
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
5. She was mobilized as a member of her USAR unit in support of Operation Desert Shield/Desert Storm and entered active duty on 9 December 1990. She served in Southwest Asia (SWA) from 14 January to 21 March 1991.
6. She was honorably released from active duty on 5 April 1991 and assigned to her USAR unit. She completed 4 months of creditable active service during this period of service.
7. The DD Form 214 she was issued for this period of service shows the:
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon
* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon
8. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. The SWA 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. A review of her records reveals that during her service in SWA, she participated in the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and Liberation and Defense of Kuwait (17 January to 11 April 1991) campaigns.
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. The Armed Forces Reserve Medal is awarded to members of the Reserve Component who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U. S. Code. The member must have volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, U.S. Code. Active Guard Reserve members who receive orders changing their current duty status, their duty location, or assignment to support a contingency operation are eligible for the award of the M Device.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served in SWA and participated in two campaigns during a qualifying period for award of the SWA Service Medal with two bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and the Armed Forces Reserve Medal with "M" Device. Therefore, she is entitled to correction of her DD Form 214 for the period ending 5 April 1991 to show these awards.
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 her DD Form 214 for the period ending 5 April 1991 to show award of the:
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Armed Forces Reserve Medal with "M" Device
_______ _ __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) AR20110023631
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110023631
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110015765
It would also be appropriate to correct item 18 of her DD Form 214 to show she served in SWA from 19 August 1990 through 2 February 1991. The evidence of record shows the applicant qualified for award of: a. the Southwest Asia Service Medal and that she served in two campaigns during her service in SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of her DD Form 214 the entry "02 11 20" and...
ARMY | BCMR | CY2008 | 20080009528
The applicant requests that her Certificate of Release or Discharge from Active Duty (DD Form 214) be amended to show that she was awarded the Southwest Asia Service Medal and the Kuwait Liberation Medal (Saudi Arabia). The applicant's DD Form 214 also shows that she was ordered to active duty in support of Operation Desert Shield/Desert Storm in accordance with Title 10 United States Code 763B, and that she had service in Southwest Asia from 20 December 1990 through 10 May 1991. As a...
ARMY | BCMR | CY2011 | 20110010199
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5 (Separation Documents), then in effect, stated formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in Item 14. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of her DD Form 214 with a...
ARMY | BCMR | CY2010 | 20100028956
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant served in SWA from 23 January 1991 to 10 May 1991 and he participated in two campaigns during his service in SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 and issuing him the: * Meritorious Unit Commendation * Southwest Asia Service Medal with...
ARMY | BCMR | CY2008 | 20080013227
Paragraph 2-14 states, in pertinent part, that a bronze service star is authorized for wear with the SWASM for each campaign a member is credited with participating in while serving in SWA in support of the Persian Gulf War during Operations Desert Shield/Desert Storm. The evidence of record confirms the applicant served in Saudi Arabia in support of Operation Desert Shield/Storm from 20 September 1990 through 17 April 1991, as evidenced by her DD Form 214, and the official Operation Desert...
ARMY | BCMR | CY2014 | 20140008909
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment in Southwest Asia (SWA) in support of Operations Desert Shield/Desert Storm. The memorandum for record from the applicant's commanding officer is accepted as sufficient evidence with which to correct item 18 of her DD Form 214 to show her dates of service in SWA. Therefore, her DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2011 | 20110006133
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the: * Army Achievement Medal * Combat Infantryman Badge * Kuwait Liberation Medal * Southwest Asia (SWA) Service Medal * Iraq Campaign Medal 2. The evidence of record shows he served in SWA from 25 August 1990 to 23 March 1991 and he participated in two campaigns during his service in SWA. Therefore, he is entitled to award of the SWA Service Medal with two bronze...
ARMY | BCMR | CY2002 | 2002071163C070402
The applicant states that her DD Form 214 does not show her dates of service in Southwest Asia from 11 January 1991 through 20 February 1991. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. Therefore, it would be appropriate to correct the applicant’s...
ARMY | BCMR | CY2011 | 20110002396
The applicant states she deployed overseas during the period September 1990 to April 1991; however, her overseas service and awards are not recorded on her DD Form 214. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of her DD Form 214 the National Defense...
ARMY | BCMR | CY2013 | 20130021370
Army Regulation 600-8-22 (Military Awards) states the: a. 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. The evidence of record confirms the applicant served in SWA from 18 October 1990 to 8 April 1991; therefore, he is entitled to correction of his DD Form 214 to show his foreign service and the dates of his service in...