IN THE CASE OF:	  

		BOARD DATE:  4 September 2012

		DOCKET NUMBER:  AR20120004269 


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 dates of service in Southwest Asia.

2.  The applicant states:

* his tour of duty in Iraq in support of Operation Desert Storm was omitted from his DD Form 214
* he served in Operation Desert Storm from December 1991 to March 1992

3.  The applicant provides:

* Leave and Earnings Statements (LES) covering the periods November  1990 to May 1991
* Letter, dated 9 January 2012, from the Defense Finance and Accounting Service 
* 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 16 May 1989, served as a motor transport operator, and was honorably released from active duty on 11 May 1992. 

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Achievement Medal
* National Defense Service Medal
* Meritorious Unit Commendation
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

4.  Item 18 (Remarks) does not show any deployments.

5.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  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.  This data base does not show the applicant's name.

6.  He provided LESs which show he received danger pay from 1 February 1991 through 31 May 1991.   

7.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the:

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


8.  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.

9.  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.

10.  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 standardized policy for the preparation of the DD Form 214.  The regulation 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Operation Desert Storm from December 1991 to March 1992.  However, he provided LESs which show he received danger pay from 1 February 1991 to 31 May 1991.  

2.  Since his LESs show he was drawing danger pay during that period, it is reasonable to presume he was somewhere in Southwest Asia.    

3.  The LES entries which show he received danger pay from 1 February 1991 to 31 May 1991 are accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in Southwest Asia.  Therefore, item 18 of this DD Form 214 should be corrected to show he served in Southwest Asia from 1 February 1991 to 31 May 1991.

4.  As a related issue, based on his service in Southwest Asia, he is authorized the SWASM with two bronze service stars, KLM-SA, and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these awards.






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:

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

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910201-19910531."

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 amending his DD Form 214 to show he served in Southwest Asia from December 1991 to March 1992.  




      __________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)                                         AR20120004269





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ABCMR Record of Proceedings (cont)                                         AR20120004269



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