IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002912
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia (SWA) and awards he is authorized as a result of his service in SWA.
2. The applicant states his Army separation processing was not properly completed.
3. The applicant provides a memorandum, Subject: Verification of Deployment to Saudi Arabia (Desert Storm), DD Form 214, Enlistment/Reenlistment Document, DA Form 2-1 (Personnel Qualification Record), and a Report of Medical Examination.
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 7 June 1984 and he was awarded military occupational specialty (MOS) 72E (Telecommunications Center Operator) upon completion of initial entry training. He reenlisted on 26 March 1987 for a period of four years. On 12 January 1989, he was awarded MOS 29F (Communications Security Equipment Repairer).
3. His Official Military Personnel File (OMPF) contains a DA Form 4187 (Personnel Action) which shows that on 10 May 1991, he requested a records correction to show his service in Stuttgart, Germany from 9 July to 30 November 1990 and his service in SWA from 16 February to 12 April 1991.
4. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in SWA from 16 February to 12 April 1991.
5. He was honorably discharged on 10 May 1991. His DD Form 214 does not reflect his service in SWA or awards authorized for service in SWA during the period 16 February to 12 April 1991.
6. He provides a memorandum, Subject: Verification of Deployment to Saudi Arabia (Desert Storm), dated 2 April 1992, which indicates he served in SWA from 14 January to 28 April 1991.
7. Army Regulation 600-8-22 (Military Awards) states:
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. Approved designated campaigns are:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
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.
8. 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 provides standardized policy for the preparation of the DD Form 214 and 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 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. His OMPF contains a DA Form 4187 which shows he requested a records correction to show he served in SWA from 16 February to 12 April 1991 and his DA Form 2-1 shows he served in SWA during the same period. Although the dates of his service in SWA shown on the 2 April 1992 memorandum are slightly different, the dates shown on his DA Form 2-1 should be used to correct item
18 of his DD Form 214 to show his dates of deployment to SWA.
2. Based on his service in SWA from 16 February to 12 April 1991, he is authorized the SWA Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait. 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 to his DD Form 214 the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait; and
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910216 - 19910412."
_______ _ _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) AR20120002912
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ABCMR Record of Proceedings (cont) AR20120002912
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