BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003432 


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 record to show he served in the Gulf War.

2.  He states it is not documented that he served in the Gulf War.  He needs veterans' benefits and a Department of Veterans Affairs hospital informed him of the error.  It should be on file that he went to war.

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 8 June 1989.  After completing initial entry training, he was awarded military occupational specialty 13B (Cannon Crewmember).

3.  His official military personnel file contains few records documenting his Regular Army service; however, orders show he was assigned to Battery C, 1st Battalion, 3rd Field Artillery Regiment (unit identification code (UIC) WADWC0) at the time of his release from active duty.

4.  He was honorably released from active duty on 30 June 1992 after completing 3 years and 23 days of net active service.  His DD Form 214 shows he was assigned to Battery C, 1st Battalion, 3rd Field Artillery Regiment (155-milimeter Self-Propelled Howitzer).

* item 12f (Foreign Service) of his DD Form 214 shows "00  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows –

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

* item 18 (Remarks) of his DD Form 214 shows no entry indicating he deployed with his unit in support of Operations Desert Shield/Desert Storm

5.  The applicant's name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center (DMDC).  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.  The database shows he was deployed with UIC WADWC0 from 1 October 1990 through 20 April 1991.

6.  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 the standardized policy for the preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered and

	b.  item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement:  "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

7.  As a related matter, a review of his record indicates he is entitled to additional awards associated with his service in support of Operations Desert Shield/Desert Storm which are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) 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 award for participation in each credited campaign.  Approved designated campaigns are the:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)

9.  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.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed with his unit for service in support of Operations Desert Shield/Desert Storm.  Therefore, it would be appropriate to correct his DD Form 214 to add a statement to item 18 to show he was deployed to Southwest Asia during the period 1 October 1990 through 20 April 1991.  It would also be appropriate to correct item 12f to show the duration of this service, which was 6 months and 20 days.

2.  The record shows his service in Southwest Asia meets the criteria for award of the SWASM.  His service also coincided with the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and Southwest Asia Cease-Fire campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the SWASM with three bronze service stars.

3.  He served a qualifying period of service for the 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 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 making the following amendments to his DD Form 214:

	a.  delete the entry "00  00  00" from item 12f and replace it with the entry "00  06  20,"

	b.  add the following awards to item 13:

* SWASM with three bronze service stars
* KLM-SA
* KLM-KU

	c.  add the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910420" to item 18.



      ___________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)                                         AR20120003432



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ABCMR Record of Proceedings (cont)                                         AR20120003432



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