IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120013122 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service in Saudi Arabia as part of Operation Desert Storm for the period 11 February through 28 April 1991.

2.  The applicant states she served in the imminent danger pay area of Saudi Arabia during Operation Desert Storm from 11 February to 28 April 1991.  She further states she served proudly and the omission of this account of her service has made it difficult to prove her deployment on applications for employment.

3.  The applicant provides:

* DD Form 214
* a memorandum
* Orders 31-11
* Orders 32-51
* DA Form 4980-14 (Army Commendation Medal Certificate)

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 8 November 1988.  She completed the training requirements and she was awarded military occupational specialty 76J (Medical Supply Specialist).  The highest rank/grade she attained during this period of active service was specialist/E-4.  

3.  The applicant was honorably released from active duty on 29 May 1992 after completing 3 years, 6 months, and 22 days of active service.  Her DD Form 214 shows she was awarded or authorized:

* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Army Lapel Button

4.  Item 12f (Foreign Service) shows she did not complete any foreign service.

5.  The applicant's DD Form 214 does not show she served in Saudi Arabia or that she received a campaign medal for deployment to Saudi Arabia in item      18 (Remarks).  

6.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the period 1 May to 15 July 1991 (a period of 1 month and 16 days).

7.  The applicant provides a copy of an Army Commendation Medal Certificate  which was seemingly awarded to her for her service while assigned to the 3rd Medical Command during Operation Desert Shield/Storm.  However, the location and dates of her support during this operation are not included in the citation nor did the applicant provide any orders to authenticate the award was ultimately  approved and thereby would be appropriate for inclusion on her DD Form 214.


8.  Army Regulation 600-8-22 (Military Awards) 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 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)

	b.  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.

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
	
   b.  item 13 (Title), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.
	
   c.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DD Form 214 to show her foreign service in Saudi Arabia as part of Operation Desert Storm for the period             11 February through 28 April 1991 has been carefully considered and found to have partial merit.

2.  The evidence of record is ambiguous with regard to the applicant's actual location and dates of service during Operation Desert Storm/Shield.  However, 
the Desert Shield/Storm Data Base does show the applicant served in Southwest Asia during the period 1 May to 15 July 1991 (a period of 1 month and 16 days).

3.  Based on the applicant's accepted dates of service in Southwest Asia, she served on active duty during a qualifying period for the Southwest Asia Service Medal.  Evidence also shows she participated in one campaign while serving in Southwest Asia from 1 May to 15 July 1991.  Therefore, she is entitled the Southwest Asia Service Medal with one bronze service star and correction of her DD Form 214 to show this award.

4.  The applicant served during a qualifying period for award of the Kuwait Liberation Medal awarded by the Government of Kuwait.  Therefore, her           DD Form 214 should be corrected to show this foreign award.

5.  Based on the applicant's accepted dates of service in Southwest Asia, item 12f  of her DD Form 214 should be corrected to show the entry "00 01 16" and item 18 should be corrected to add the statement "SERVICE IN SOUTHWEST ASIA FROM 19910501 -19910715."

6.  The citation she submitted which shows award of the Army Commendation Medal is noted; however, it is insufficient to enter it on her DD Form 214 without official orders.  The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Army Commendation Medal).  




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 12f the entry "00 01 16;" 
   
   b.  adding to item 13 of her DD Form 214 the:

* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal (Kuwait); and

	c.  adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910501 - 19910715."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting her DD Form 214 to show her foreign service in Saudi Arabia as part of Operation Desert Storm for the period 11 February through 28 April 1991.  




      _______ _  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)                                         AR20120013122



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ABCMR Record of Proceedings (cont)                                         AR20120013122



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