IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002733 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service during Operation Desert Storm and that he be paid combat and separation pay.  

2.  The applicant states his service in Operation Desert Storm was not documented on his DD Form 214.  He also claims he did not receive combat pay and separation pay at the time of his separation.  

3.  The applicant provides no documentary evidence in support of his request. 

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’s record shows he enlisted in the Regular Army on 25 July 1986, and was trained in and awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  It also shows he was advanced to specialist four/E-4 (SP4/E-4) on 1 September 1987, and this is the highest grade he attained and held on active duty.  It also shows he was reduced to private first class/E-3 (PFC/E-3) for cause on 13 February 1990.  

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served at Fort Stewart, Georgia from 28 August 1989 through the date of his separation.  It further shows he served overseas in Hawaii for 2 years, 8 months, and 9 days from 17 November 1986 through 25 July 1989.  

4.  The applicant’s Official Military personnel File is void of a separation packet containing the specific facts and circumstances surrounding the applicant’s separation processing including documents related to finance and/or pay matters. 

5.  The DD Form 214 on file shows the applicant was honorably separated in the grade of PFC/E-3 on 7 October 1992.  It also shows at the time of his separation he had completed a total of 6 years, 2 months, and 13 days of active military service.  The DD Form 214 also shows he completed 2 years, 8 months, and 
9 days of overseas service in item 12f (Foreign Service).  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not include awards related to service in Southwest Asia (SWA).  Item 18 (Remarks) shows he received $7,721.16 in separation pay.
  

6.  A review of the Gulf War Roster confirms the applicant served in Southwest Asia for 6 months and 27 days from 1 September 1990 through 27 March 1991.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for Item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

8.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-14 provides guidance on the Southwest Asia Service Medal (SWASM).  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in SWA.  

9.  Appendix B of the awards regulation contains a list of SWA campaigns.  It shows during the applicant's tenure of assignment in SWA, participation credit with granted for the Defense of Saudi Arabia (2 August 1990-16 January 1991), Liberation and Defense of Kuwait (17 January-11 April 1991).

10.  Paragraph 9-14 of the awards regulation contains guidance on the Kuwait Liberation Medal-Saudi Arabia (KLM-SA).  It states, in pertinent part, that it is authorized to members who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991.

11.  Paragraph 9-15 of the awards regulation contains guidance on award of the Kuwait Liberation Medal-Kuwait (KLM-KU).  It states, in pertinent part, that it is authorized to members who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to document his service in SWA and to be paid combat and separation pay has been carefully considered and found to have partial merit.  

2.  The evidence of record shows the applicant served in SWA in support of Operations Desert Shield/Desert Storm for 6 months and 27 days from 
1 September 1990 through 27 March 1991.  Therefore, it would be appropriate to correct items 12f and 18 of his DD Form 214 accordingly.  Further, based on this SWA service he is eligible for the SWASM with 2 bronze service stars, KLM-SA, and KLM-KU which should also be added to his DD Form 214.   

3.  In addition, there is no evidence of record supporting the applicant’s allegation that he did not receive separation pay and/or combat pay.  The DD Form 214 issued to him at the time of his REFRAD shows he received $7,721.16 in separation pay.  Further, there are no finance documents or records on file that show he did not receive Imminent Danger Pay/Hostile Fire Pay (IDP/HFP) while he was serving in SWA.  The applicant has also failed to provide any independent evidence, such as leave and earnings statements, showing he did not receive this pay.  As a result, absent evidence to the contrary, there is a presumption that the applicant received the separation pay documented on his DD Form 214, and that he was properly paid, including receiving combat pay (IDP/HFP), while serving in SWA.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  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 partial 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 – delete the current entry and replace it with the entry 
"0003  03  06";  
   
   b.  Item 13 – add the Southwest Asia Service Medal with 2 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait; and 
   
	c.  Item 18 – add the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901-19910327."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying him separation and combat pay. 



      _______ _   __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)                                         AR20120002733



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ABCMR Record of Proceedings (cont)                                         AR20120002733



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