BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120006308 


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 service in Southwest Asia.

2.  The applicant states he deployed with his unit, the 227th General Support Company from 5 January to 23 April 1991. 

3.  The applicant provides his DD Form 214 and a unit deployment roster.

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's records show he enlisted in the Regular Army (RA) on 11 August 1986 and held military occupational specialty 76V (Materiel Storage and Handling Specialist).  He also executed a reenlistment on 13 December 1988 and attained the rank/grade of specialist four/E-4. 

3.  His records also show he served in Korea from 16 December 1986 to 17 December 1990.  He was subsequently reassigned to the 227th General Support Company at Fort Campbell, KY. 

4.  He was honorably released from active duty on 4 December 1991.  His DD Form 214 shows he completed 5 years, 3 months, and 24 days of creditable active service, of which 4 years and 2 days is listed in item 12f (Foreign Service). Additionally:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Army Good Conduct Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade bar
* Army Lapel Button
* National Defense Service Medal
* Army Achievement Medal (2nd Award)

	b.  Item 18 (Remarks) does not show service in an imminent danger pay/hazardous fire pay area. 

5.  His DA Form 2-1 (Personnel Qualification Record) does not show any service in a designated hazardous fire/imminent danger pay area; however; he provides a roster, Subject: Personnel in Unit During Operations Desert Shield/Storm.  His name is listed on this roster with the dates 5 January to 23 April 1991.

6.  His name is shown on the Gulf War Roster as having served in Southwest Asia from 1 February to 28 February 1991. 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12f shows the total amount of foreign service covered by the DD Form 214. Item 18 shows various entries including, 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)"

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	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:

* 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)

	b.  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.

	c.  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.

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the foreign service in Southwest Asia: 

	a.  The applicant contends he served in Southwest Asia from 5 January to 1991 to 23 April 1991.  He provides a roster of personnel in his unit during Operation Desert Shield/Storm that lists his name and those dates.  However, the dates he provides are inconsistent with the dates shown on the Gulf War Roster, which shows his dates of service as 1 to 28 February 1991. 

	b.  There is no other corroborating evidence to confirm his exact dates of service in Southwest Asia.  Additionally, the roster he provides lists names of Soldiers who were in the unit during Operation Desert Shield/Storm, but it does not state these personnel deployed to Southwest Asia on the dates indicated.  

	c.  Nevertheless, in the absence of additional documentary evidence, such as a deployment order, a Leave and Earnings Statement confirming receipt of hazardous fire/imminent danger pay and combat zone tax exclusion, or an award confirming his service to Southwest Asia from 5 January to 23 April 1991, it would be appropriate to show he served there from 1 to 28 February 1991. 

2.  The period of service in Southwest Asia listed on the Gulf War Roster 
(1 to  28 February 1991) qualifies him for award of the Southwest Asia Service Medal with a bronze service star (designating his campaign participation in one campaign).  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  This period of service in Southwest Asia also qualifies him for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his DD Form 214 to show both awards. 

4.  The applicant's service in Korea from 16 December 1986 to 17 December 1990 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 one bronze service star
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation-Kuwait
* Korea Defense Service Medal

	b.  adding to item 18 of his DD Form 214 the entry, “Service in Southwest Asia from 19910201 to 19910228.”

2.  The Board further determined 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 his service in Southwest Asia from 5 January to 23 April 1991. 



      ___________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)                                         AR20120006308



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ABCMR Record of Proceedings (cont)                                         AR20120006308



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