BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120012047 


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 award of the Southwest Asia Service Medal.

2.  The applicant states he served in Saudi Arabia, Kuwait, and Iraq from
17 January to 17 May 1991.  However, his DD Form 214 does not show the Southwest Asia Service Medal.  He adds that correction of his DD Form 214 will allow him to receive special veteran's consideration for employment.

3.  The applicant provides a copy of page 1 of his DA Form 2-1 (Personnel Qualification Record) and his DD Form 214 in support of his request.

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 3 May 1988 for a period of 3 years.  He was awarded military occupational specialty 13R (Field Artillery Firefinder Radar Operator).

3.  He was promoted to specialist (SPC)/pay grade E-4 on 3 July 1990.

4.  The applicant's DA Form 2-1 shows in:

   a.   item 5 (Oversea Service):  AMEA [Asia-Middle East-Africa] - Saudi Arabia from 17 January through 17 May 1991; and

   b.  item 35 (Record of Assignment):  Battery E, 333rd Field Artillery, Fort Lewis, WA, from 28 September 1988 through 25 August 1991.

5.  The applicant's DD Form 214 shows he entered active duty on 3 May 1988, was retained for 116 days as essential to national security, honorably released from active duty on 26 August 1991 based on expiration of term of service, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years, 3 months, and 24 days of net active service.  It also shows in: 

a. item 12 (Record of Service), block f (Foreign Service):  4 months and
1 day;

   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Humanitarian Service Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

   c.  item 18 (Remarks) does not show that he served with his unit in Southwest Asia.

6.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Southwest Asia Service Medal.  This review also revealed that he may be entitled to additional awards that are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Southwest Asia Service Medal 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.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Southwest Asia Conflict campaigns and it shows that during the applicant's tour in Southwest Asia (Saudi Arabia) he participated in the following campaigns:

* Liberation and Defense of Kuwait (17 January - 11 April 1991)
* Southwest Asia Cease-Fire (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.

8.  Headquarters, Department of the Army General Orders (DAGO) Number 27, dated 27 December 1994, as amended by DAGO Number 14, dated 11 April 1997, awarded Battery E, 333rd Air Defense Artillery, the Valorous Unit Award for extraordinary heroism from 23 to 26 February 1991.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

		(2)  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 applicant contends his DD Form 214 should be corrected to show his service in Southwest Asia and that he was awarded the Southwest Asia Service Medal.

2.  Records show the applicant deployed to Southwest Asia (Saudi Arabia) in support of Operation Desert Shield/Storm from 17 January 1991 through 17 May 1991.  Item 12f of his DD Form 214 shows this foreign service; however, item 18 does not show this deployment with his unit.  Therefore, it would be appropriate to correct his DD Form 214 to show this overseas service.

3.  The evidence of record shows the applicant qualified for award of the Southwest Asia Service Medal and that he served in two campaigns during his service in Southwest Asia.  Thus, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars.

4.  The evidence of record also shows the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).

5.  General orders awarded the applicant's unit the Valorous Unit Award.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended 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:

	a.  adding to item 13 of his DD Form 214 the:

* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Valorous Unit Award

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA (SAUDI ARABIA) FROM 19910117-19910517."




      _______ _   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)                                         AR20120012047



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ABCMR Record of Proceedings (cont)                                         AR20120012047



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