IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001034
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:
a. his dates of service in Southwest Asia be shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty); and
b. any awards to which he may be entitled for this service.
2. The applicant states:
* He was deployed during Operation Desert Storm
* None of his awards or his service time in Southwest Asia is shown on his DD Form 214
* He needs this information corrected so he can file for Department of Veterans Affairs benefits
3. The applicant provides no documentary 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. The applicant enlisted in the Regular Army on 1 November 1989 for a period of 3 years. He served as a food service specialist and he was honorably released from active duty on 30 October 1992 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows the:
* National Defense Service Medal
* Parachutist Badge
* Army Service Ribbon
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. Item 18 does not show any deployments.
5. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base. The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. This data base shows the applicant served in Southwest Asia from 6 September 1990 to 24 April 1991.
6. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is 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. A bronze service star is authorized for the:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 October 1995)
7. 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.
8. Army Regulation 600-8-22 states 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.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in Southwest Asia. Therefore, item 18 of this DD Form 214 should be corrected to show he served in Southwest Asia from 6 September 1990 to 24 April 1991.
2. Based on his service in Southwest Asia, he is authorized the SWASM with three bronze service stars, KLM-SA, and the KLM-KU. Therefore, his DD Form 214 should be corrected 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:
a. adding the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal Saudi Arabia, and Kuwait Liberation Medal Kuwait to his DD Form 214; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900906-19910424."
_______ _ 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) AR20120001034
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ABCMR Record of Proceedings (cont) AR20120001034
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