BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120012747 


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 he served in Southwest Asia and all of his authorized awards.

2.  The applicant states he deployed to Southwest Asia in support of Operation Desert Shield/Storm in 1991.  He was assigned to A Battery, 5th Battalion, 3rd Air Defense Artillery, and his DD Form 214 should show he was credited with wartime service.

3.  The applicant provides no additional documentary evidence 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 17 November 1987 for a period of 3 years.  He was awarded military occupational specialty 63Y (Track Vehicle Mechanic).

3.  On 8 July 1988, he extended his 3-year enlistment for a period of 7 months.

4.  He was promoted to specialist (SPC)/pay grade E-4 on 17 January 1991.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service):  EURA [Europe-Area] - Germany from 28 May 1988 through 5 June 1991; and

   b.  item 35 (Record of Assignment):  Headquarters and Headquarters Battery, 1st Battalion, 59th Air Defense Artillery (Germany), from 1 June 1988 through
4 June 1991.

6.  The applicant's DD Form 214 shows he entered active duty on 17 November 1987, was honorably released from active duty on 6 June 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, 6 months, and 20 days of net active service.  It also shows in: 

   a.  item 12 (Record of Service), block f (Foreign Service):  3 years, 0 months, and 8 days;

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

* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars

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


7.  A review of the Gulf War Service Roster revealed the applicant served with Battery A, 59th Air Defense Artillery (WGM8A0), in support of Operation Desert Shield/Storm from 11 January 1991 through 6 June 1991.

8.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Southwest Asia Service Medal, the Kuwait Liberation Medal (Saudi Arabia), or the Kuwait Liberation Medal (Kuwait).

9.  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 Operation 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 he participated in the following campaigns:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* 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.

10.  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 that his 17 June 1991 DD Form 214 should be corrected to show he served in Southwest Asia in support of Operation Desert Shield/Storm and all of his authorized awards.

2.  The evidence of record shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Storm from 11 January 1991 through 6 June 1991.  Item 12f of his DD Form 214 included 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 three campaigns during his service in Southwest Asia.  Thus, he is entitled to award of the Southwest Asia Service Medal with three 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.  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 3 bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910111-19910606."




      _______ _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)                                         AR20120012747



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ABCMR Record of Proceedings (cont)                                         AR20120012747



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