IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012176
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in support of Operation Desert Storm.
2. He states he is having a hard time trying to receive his veterans claim for compensation due to the absence of the Desert Storm information on his
DD Form 214.
3. He provides his DD Form 214, DA Form 638 (Recommendation for Award) with certificate, and a Department of Veterans Affairs statement.
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 24 July 1986. He served
5 years and 3 months on active duty and was honorably released from active duty on 30 November 1991.
3. His DD Form 214 shows in:
* Item 12f (Foreign Service) 01 00 11
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Achievement Medal (AAM)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 18 (Remarks) contains no entries concerning his deployment to Saudi Arabia
4. His record does not contain any information concerning his deployment to Saudi Arabia.
5. The Desert Shield/Storm Database shows he served in Saudi Arabia from
16 January to 20 May 1991. Additionally, his DA Form 638 and certificate show he was awarded the AAM for his achievement in support of Operation Desert Storm from 16 January 1991 to 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 credited campaign. Approved designated campaigns include:
* 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 (KLM) 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.
c. The KLM 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.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed to a foreign country 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.
DISCUSSION AND CONCLUSIONS:
1. The Desert Shield/Storm Database confirms the applicant served in Saudi Arabia from 16 January to 20 May 1991. He was awarded the AAM for his service in support of Operation Desert Storm. This service qualifies him for award of the SWASM. Additionally, he participated in three campaigns during this period of service. Therefore, he is entitled to correction of item 18 of his
DD Form 214 to show his foreign service. He is also entitled to the award of the SWASM with three bronze service stars and correction of his DD Form 214 to show this award.
2. His service in Southwest Asia also qualifies him for award of the KLM-KU and the KLM-SA. 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:
a. adding to item 13 of his DD Form 214 the:
* SWASM with three bronze service stars
* KLM-KU
* KLM-SA
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910116-19910520."
_______ _ 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) AR20120012176
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ABCMR Record of Proceedings (cont) AR20120012176
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