IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120011221 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) show her deployed overseas service in support of Operations Desert Shield/Desert Storm.

2.  The applicant states she served in Saudi Arabia and Iraq during Operations Desert Shield/Desert Storm from 1990 to 1991.  She also states she received a combat patch for her time served during combat. 

3.  The applicant provides her 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 enlisted in the Regular Army on 12 November 1987.  She was awarded military occupational specialty 98G (Electronic Warfare/Signal Intelligence Voice Interceptor).

3.  She was honorably released from active duty on 28 June 1991 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining Reserve obligation.  She completed 3 years, 7 months, and 17 days of creditable active service.  The DD Form 214 she was issued is void of any foreign service related entries in item 12f (Foreign Service), item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), and item 18 (Remarks).

4.  The Gulf War Deployment Roster shows those Soldiers who served in the Persian Gulf War.  Review of this list shows the applicant's name for service in the Persian Gulf War during the period 1 October 1990 to 17 April 1991.

5.  The internet shows the unit she was assigned to at the time arrived in the Persian Gulf on 6 October 1990.

6.  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/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)

7.  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.

8.  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.

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  The current version of this regulation states 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)" in item 18.

10.  Army Regulation 635-5 states that for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she served in support of Operations Desert Shield/Desert Storm from 1990 to 1991.  The Gulf War Deployment Roster shows she deployed in support of the Gulf War from sometime in October 1990 to 17 April 1991.  This roster shows the full month of October even if she only served a portion of that month.  However, since the internet shows the unit she was assigned to at the time arrived in the Persian Gulf on 6 October 1990 it is reasonable to presume she arrived on that date.  As such, it would be appropriate at this time to amend her DD Form 214 by adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901006-19910417."

2.  Her DD Form 214, item 12f is void of any foreign service.  Therefore, based upon the above change it would be appropriate to amend item 12f to show 6 months and 12 days of foreign service.

3.  As a related matter, the available evidence shows she completed a qualifying period of service for award of the SWASM and that she participated in three campaigns.  As such, she is entitled to have the SWASM with three bronze service stars added to her DD Form 214.

4.  The available evidence also shows she completed a qualifying period of service for award of the KLM-KU and KLM-SA.  Therefore, she is entitled to have these medals added to her DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have her records corrected as shown below.


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 amending her DD Form 214 by: 

	a.  amending item 12f to show 6 months and 12 days;

	b.  adding to item 13 the SWASM with three bronze service stars, KLM-KU, and KLM-SA; and 

	c.  adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901006-19910417."




      _______ _   _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)                                         AR20120011221



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011221



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1