IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120007941 


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 entry and separation dates as 13 April 1989 to 18 February 1991 instead of 13 April 1990 to 18 February 1992
* In effect, his service in Southwest Asia in support of Operations Desert Shield/Storm

2.  The applicant states the wrong service dates are listed on his DD Form 214.  He also states he served in Southwest Asia during Operation Desert Storm.  He needs the document corrected for benefits. 

3.  The applicant provides his 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's records show he enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) for 8 years on 9 February 1990.  He was discharged from the DEP on 12 April 1990 and subsequently enlisted in the Regular Army for 4 years on 13 April 1990.  

3.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 63T (Bradley Fighting Vehicle Mechanic). 

4.  He served in Germany with the 1st Battalion, 41st Infantry, from on or about 9 November 1990 to on or about 18 February 1992. 

5.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia from 8 January 1991 to 9 May 1991.  His name is shown on the Gulf War roster as having served in Southwest Asia from 13 February 1991 to 9 May 1991. 

6.  On 23 January 1992, he submitted a DA Form 4187 (Personnel Action) wherein he requested voluntary separation from the Army by reason of inability to overcome a locally imposed bar to reenlistment.  His request was approved by the appropriate authority.

7.  On 30 January 1992, Headquarters, 2nd Armored Division (minus), Germany, published Orders 026-047 ordering his discharge from active duty effective 18 February 1992. 

8.  He was honorably discharged from active duty on 18 February 1992.  His 
DD Form 214 shows in:

* Item 12a (Date Entered Active Duty This Period) - "90  04  13"
* Item 12b (Separation date This Period) - "92  02  18"
* Item 12f (Foreign Service) - "00  00  00"
* Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) - Army Service Ribbon
* Item 18 (Remarks) - Separated from service on temporary records

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  

	b.  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) 
* Cease-Fire Campaign (12 April 1991 - 30 November 1995)

	c.  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.

	d.  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.

10.  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 12a – enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 
* item 12b – enter the Soldier's transition date, less time lost
* item 13 shows all awards and decorations 
* 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)"

DISCUSSION AND CONCLUSIONS:

1.  With respect to the entry and separation dates, the evidence of record shows the applicant enlisted in the Regular Army on 13 April 1990 and he was honorably discharged on 18 February 1992.  There is no evidence that shows he enlisted or entered active duty or that he was discharged prior to the dates shown on his DD Form 214.  Therefore, he is not entitled to correction of the entry/separation dates.

2.  The applicant served in Germany from on or about 9 November 1990 to on or about 17 February 1992.  He completed 1 year, 3 months, and 9 days of foreign service.  Item 12f of his DD Form 214 should therefore be corrected to reflect this foreign service.

3.  He served in Southwest Asia in support of Operation Desert Storm from 8 January 1991 to 9 May 1991.  Item 18 of his DD Form 214 should therefore be corrected to reflect this combat service.

4.  Based on his service in Southwest Asia he served during a qualifying period for award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).  Additionally, he participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on the Southwest Asia Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  The applicant served on active duty 13 April 1990 and he was honorably discharged on 18 February 1992.  He served a qualifying period of service for award of the National Defense Service Medal and correction of his records to show it. 

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:


* deleting from item 12f of his DD Form 214 the entry "00  00  00" and adding the entry "01  03  09"
* adding to item 13 the:

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

* adding to item 18 of his DD Form 214 the entry "Service in Southwest Asia from 8 January 1991 to 9 May 1991”

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 the date entered into and the date discharged from active duty.



      _______ _   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)                                         AR20120007941



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ABCMR Record of Proceedings (cont)                                         AR20120007941



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