IN THE CASE OF:  

		BOARD DATE:  31 July 2012 

		DOCKET NUMBER:  AR20120002941


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 his service in Operation Desert Storm and the medals that he is authorized for that service.

2.  The applicant states his DD Form 214 does not show his service in Operation Desert Storm or any of the medals from that service.  He has no way to prove he is Desert Storm veteran and this is keeping him from certain veteran's benefits.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 11 October 1989.  He completed training and was awarded military occupational specialty 63T (Bradley Fighting Vehicle System Mechanic).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in item     38 (Record of Assignments) that effective 29 April 1990 he was assigned to the     2d Battalion, 7th Infantry, Fort Stewart, GA.

4.  His DD Form 214 shows that he was honorably released from active duty on 13 July 1993 as a specialist/E-4.  He had completed 3 years, 9 months, and 3 days of total active service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Lapel Button, Army Service Ribbon, Army Good Conduct Medal (1st Award), National Defense Service Medal, Driver and Mechanic Badge, and the Expert Marksmanship Qualification Badge with Grenade and Rifle Bars.

5.  Item 12f (Foreign Service) of this DD Form 214 shows no foreign service.

6.  His name is listed on the Gulf War Roster showing he served in served in Saudi Arabia/Kuwait from 1 August 1990 to 24 March 1991 (7 months and 24 days).

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states item 18 (Remarks) is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.

8.  The applicant's records contain permanent orders showing he was awarded the:

	a.  Army Achievement Medal for his service from 25 July 1991 to 13 August 1993.

	b.  Driver Badge (tracked) and the Mechanic Badge (for automotive and allied vehicles).
 
9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns included the:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)

	b.  The Kuwait Liberation Medal (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and it is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

	c.  The Kuwait Liberation Medal (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and it 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.  His name is listed on the Gulf War Roster showing he served in Saudi Arabia/
Kuwait from 30 January to 31 March 1991 (7 months and 24 days).  His DD Form 214 should be corrected to show this service.

2.  Item 12f of his DD Form 214 should be corrected to show he completed 
"00 07 24."

3.  Orders award him the Army Achievement Medal and the Driver and Mechanic Badge with Driver-T and Mechanic bars.

4.  The applicant is authorized the Southwest Asia Service Medal with two bronze service stars, the KLM-SA, and the KLM-KU.  

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:

	a.  deleting the entry in item 12f of his DD Form 214 and adding "00 07 24";

	b.  deleting from item 13 of his DD Form 214 the Driver and Mechanic Badge; 

	c.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal
* Southwest Asia Service Medal with two bronze service stars
* KLM-SA
* KLM-KU
* Driver and Mechanic Badge with Driver-T and Mechanic bars

   d.  adding to item 18 of his DD Form 214 "SERVICE IN SAUDI ARABIA/KUWAIT FROM 900801-910324."



      _____________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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20120002941



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