IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120000264
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the dates of his foreign service and any authorized awards for his participation in the Gulf War.
2. The applicant states, in effect, his DD Form 214 shows he completed
6 months and 28 days of foreign service but does not show the dates of his combat service during the Gulf War in 1991. He is filing a claim with the Department of Veterans Affairs (VA) for Gulf War Syndrome and other disabilities; however, the VA will not accept the foreign service as it is currently reflected as proof of combat. Further, he was told by a friend that their unit received awards after he was released from active duty. He would like to have any combat ribbons he is authorized and his period of service in the Gulf War listed on his DD Form 214 in order to support his disability claim.
3. The applicant provides no additional evidence.
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. Item 18 of his DD Form 214 already shows he served in South West Asia (SWA) from 28 August 1990 to 25 March 1991; therefore, his Gulf War service is correctly shown on his DD Form 214 and no correction is required. This portion of his request will not be discussed further.
3. The applicant's records show he enlisted in the Regular Army on 11 August 1989 and held military occupational specialty 13M (Multiple Launch Rocket Systems Crewmember). He was honorably released from active duty
29 November 1991 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar, and Army Good Conduct Medal.
5. The Gulf War Deployment Roster shows he was deployed from 1 September 1990 to 25 March 1991. During this period he was assigned to A Battery, 3rd Battalion, 27th Field Artillery, Fort Bragg, NC. Item 18 (Remarks) of his DD Form 214 contains the entry "SERVICE IN SWA: 900828 - 910325."
6. A review of the U.S. Army Human Resources Command, Awards Branch, database shows Department of the Army General Orders Number 14, dated
25 June 1993, awarded the 3rd Battalion, 27th Field Artillery Regiment the Valorous Unit Award for the period 26 February to 28 February 1991.
7. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) 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 requests his DD Form 214 be corrected to show the dates of his foreign service and any authorized awards for his participation in the Gulf War.
2. The applicant served during a qualifying period for award of the KLM-SA and the KLM-KU.
3. General orders award his unit the Valorous Unit Award.
4. These awards should be shown on his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the following awards to item 13 of his DD Form 214:
* Valorous Unit Award
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
_____________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) AR20120000264
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ABCMR Record of Proceedings (cont) AR20120000264
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