BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120004155 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Southwest Asia.

2.  The applicant states she served during Operations Desert Shield/Desert Storm during the period 26 December 1990 to 20 May 1991 and was assigned to the 45th Support Battalion from Gelnhausen, Germany.

3.  The applicant provides:

* DD Form 214
* memorandum for record, Bravo Company, 45th Support Battalion, Army Post Office (APO) New York  09091 (Gelnhausen, Germany), dated 25 June 1991

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 18 September 1984.  She completed training and was awarded military occupational specialty 76V (Materiel Storage and Handling Specialist).  The highest rank/grade she attained while serving on active duty was specialist/E-4.

3.  The applicant's complete military personnel record is unavailable.

4.  Permanent Order Number 9-8, Headquarters, 2nd Brigade, 3rd Armored Division, Operation Desert Storm, APO New York, dated 13 April 1991, awarded the applicant the Army Commendation Medal.

5.  The applicant provides a memorandum for record from her commanding officer, dated 25 June 1991, verifying her tour of duty in Southwest Asia during the period 26 December through 20 May 1991.

6.  The applicant's DD Form 214 shows she was honorably discharged on 28 September 1992 under the Fiscal Year 1992 Enlisted Voluntary Early Transition Program.

7.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows she completed 3 years, 6 months, and 10 days of foreign service.

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows, in part, award of the Overseas Service Ribbon (2nd Award).  Item 13 does not show award of the Army Commendation Medal or any Gulf War awards.

9.  Item 18 (Remarks) of the applicant's DD Form 214 does not show a period of deployment.

10.  The applicant's name appears on the Gulf War Deployment Roster showing she served in Southwest Asia from 1 December 1990 through 4 June 1991.

11.  Army Regulation 600-8-22 (Military Awards) states 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 campaigns are:

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

12.  Army Regulation 600-8-22 states 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.

13.  Army Regulation 600-8-22 states 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.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 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.

15.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-11, states applicants do not have a right to a formal hearing before the ABCMR.  The Director, ABCMR, may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to show her foreign service in Southwest Asia and a personal appearance hearing was carefully considered and determined to have merit.

2.  Sufficient evidence has been presented showing the applicant served in Southwest Asia during the period 26 December 1990 through 20 May 1991.  Therefore, she is entitled to correction of her DD Form 214 to show this deployment.

3.  Records show the applicant met the qualifying period of service for the following awards and correction of her DD Form 214 to show these awards:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait) 
4.  Permanent orders awarded her the Army Commendation Medal.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

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.  adding the following awards to item 13 of her DD Form 214:

* Army Commendation Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	b.  adding the statement "SERVICE IN SOUTHWEST ASIA FROM 19901226-19910520" to item 18 of her DD Form 214.



      __________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)                                         AR20120004155



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ABCMR Record of Proceedings (cont)                                         AR20120004155



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