IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120009840 


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 in support of Operations Desert Shield/Storm and any associated awards. 

2.  The applicant states he served in Southwest Asia in support of Operations Desert Shield/Desert Storm from January 1991 to May 1991.  He was assigned to the 504th Ordnance and attached to the 7th Transportation Group. 

3.  The applicant provides his DD Form 214 and contemporaneous Leave and Earnings Statements (LESs).

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 30 June 1988 and he held military occupational specialty 27G (CHAPPARAL/REDEYE Repairer).  He was assigned to the 504th Ordnance Company, Fort Lewis, WA. 

3.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) does not list any service in Southwest Asia. 

4.  His name is shown on the Gulf War roster as having served in Southwest Asia from 25 January 1991 to 14 April 1991. 

5.  He was honorably released from active duty on 26 July 1991.  His
DD Form 214 shows in:

* Item 12f (Foreign Service) shows the entry "0000  00  00"
* Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, and Marksman Marksmanship Qualification Badge with Rifle Bar
* Item 18 (Remarks) no deployed service

6.  He submitted multiple monthly LESs from 1 February 1991 through 31 May 1991.  Each LES listed authorization for overseas pay and danger pay.  The February 1991 LES states in the Remarks section he began his overseas pay on 25 January 1991.  

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 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.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	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 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)

	b.  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.

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Southwest Asia from January to May 1991.  These dates are consistent with the dates shown on the Gulf Roster and/or LESs which show he served in Southwest Asia from 25 January to         31 May 1991, a period of 4 months and 6 days, and his deployment is further supported with the multiple LES he submitted.  Therefore, he is entitled to correction of his DD Form 214 to show this period of service.

2.  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.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

* deleting from item 12f of his DD Form 214 the entry "0000  00  00" and adding the entry "0000  04  06"
* adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)
* adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910125 - 19910531"



      _______ _   _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)                                         AR20120009840





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ABCMR Record of Proceedings (cont)                                         AR20120009840



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