IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004837
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his combat service and all of his authorized awards.
2. The applicant states that he applied for benefits and was denied because of the lack of combat service reflected on his records.
3. The applicant provides a copy of orders and a citation for award of the Army Commendation Medal (ARCOM) for meritorious service during Operation Desert Storm from 17 January to 28 February 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 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 2 November 1988 for a period of 3 years. He completed his training as a medical specialist and was transferred to a field artillery battery in Baumholder, Germany.
3. He deployed to Southwest Asia (SWA) from 17 January to 28 February 1991 and on 11 April 1991 he was awarded the ARCOM for meritorious service during that deployment.
4. On 1 November 1991, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 3 years of total active service and was awarded the Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, Good Conduct Medal, and his marksmanship awards.
5. 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 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)
6. 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.
7. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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 Program Designator) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service during Operation Desert Shield/Storm, the following entry will be made: "SERVICE IN SOUTHWEST ASIA FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Southwest Asia from 17 January to 28 February 1991 and he is entitled to have that information reflected on his DD Form 214.
2. He was also awarded the ARCOM and is entitled to have that award reflected on his DD Form 214.
3. The applicant served during one campaign in SWA and he served during qualifying periods for award of the SWASM with one bronze service star, the KLM-K and KLM-SA. Accordingly, these medals should be awarded at this time and added to his DD Form 214.
BOARD VOTE:
___X ___ ___X____ ___X ___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Adding the SWASM with one bronze service star, KLM-K, KLM-SA, and ARCOM to his DD Form 214
* Adding the entry Service in SWA 19910117 19910228 to block 18 of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated.
The applicant and all Americans should be justifiably proud of his service in arms.
__________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.
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