IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120008171 


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 deployment to Saudi Arabia during the period 1990 to 1991. 

2.  He states his existing DD Form 214 does not show his service in Saudi Arabia.  

3.  The applicant provides a DD Form 214 for the period ending 15 November 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's military personnel record is not available for the Board's review; however, the DD Form 214 he provides along with an extract of the Gulf War Participants Roster are sufficient to complete his request for correction of his records. 

3.  He enlisted in the Regular Army on 16 November 1988 for a period of 3 years.  After completion of training, he served in military occupational specialty 55B (Ammunition Specialist).  His last unit of assignment is shown as Company A, 224th Support Battalion, Fort Stewart, GA. 

4.  The applicant was honorably released from active duty on 15 November 1991 and he was transferred the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 shows he was awarded the Army Service Ribbon, National Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars.  This form also shows in:

* Item 12f (Foreign Service) the entry "0000  00  00" indicating no foreign service during this period of service
* Item 18 (Remarks) no foreign service entry

5.  The Gulf War Participants Roster shows the applicant was deployed in support of the Gulf War for the period 1 October 1990 through 15 May 1991.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  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)

   b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992.  It 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, 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.

7.  Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214, and

	b.  for item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The Gulf War Participants Roster shows the applicant was deployed in support of the Gulf War from 1 October 1990 through 15 May 1991.  As a result, he is entitled to award of the SWASM with three bronze service stars, KLM-SA, and KLM-KU; and to addition of these awards to his DD Form 214. 

2.  He is also entitled to correction of item 12f to show 7 months and 15 days of foreign service. 

3.  Item 18 of his DD Form 214 should be corrected by adding the entry "SERVICE IN SAUDI ARABIA FROM 19901001-19910515."

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 amending his DD Form 214 for the period ending 15 November 1991 by:

	a.  adding the following awards:

* SWASM with three bronze service stars
* KLM-SA
* KLM-KU

   b.  deleting from item 12f the entry "0000  00  00" and replacing it with the entry "0000  07  15," and

   c.  adding to item 18 the entry "SERVICE IN SAUDI ARABIA FROM 19901001 - 19910515."



      _____________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)                                         AR20120008171





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ABCMR Record of Proceedings (cont)                                         AR20120008171



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