BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120017709
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service during Operations Desert Shield and Desert Storm.
2. The applicant states his DD Form 214 does not show his service during the operations in question.
3. The applicant provides no documentary evidence.
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 applicants 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 applicants 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 19 October 1990. He was trained in and awarded military occupational specialty (MOS) 19K (M-1 Armor Crewman).
3. The applicant's record contains a DA Form 2 (Personnel Qualification Record - Part I) prepared on 16 August 1994 that shows in Section IV (Service Data), item 16 (Last Combat Tour/Date) that his last combat tour was in Saudi Arabia with an end date of May 1993. His record also contains a DA Form 4856 (General Counseling Form) that was completed at Fort Stewart, GA on 9 June 1993 that shows the circumstances for the counseling was "end of deployment counseling for Intrinsic Action 1993."
4. On 30 September 1994, the applicant was discharged. He completed
3 years, 11 months, and 12 days of creditable active service. The DD Form 214 he was issued does not show in:
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) any awards related to Southwest Asia service during Operations Desert Shield/Desert Storm
* item 18 (Remarks) any deployment entry
5. Review of the Gulf War Deployment Roster shows the applicant served in Southwest Asia from 1 April 1993 through 1 October 1994 [sic].
6. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. 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 wear with this medal for participation in each credited campaign. During his service in Southwest Asia he participated in the Cease-Fire Campaign (12 April 1991 - 30 November 1995).
b. The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-K) 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.
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. The regulation currently in effect states for item 18, for an active duty Soldier deployed to a foreign country 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's request to document his service in Southwest Asia has been carefully considered and found to have merit.
2. The Gulf War Roster shows the applicant served in Southwest Asia from
1 April 1993 through 1 October 1994. However, his DA Form 2 confirms his combat tour in Southwest Asia ended in May 1993, which is supported by a DA Form 4856 end of deployment counseling form completed at Fort Stewart on
9 June 1993. Although there was no provision to enter deployment data in the remarks section of his DD Form 214 at the time, current standards state to do so now. Therefore, there would be no harm in correcting his DD Form 214 to show in item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 930401 - 930531."
3. As a related issue, based on his service and campaign participating in Southwest Asia, the applicant served during a qualifying period of service for the SWASM with one bronze service star and the KLM-K. Therefore, it would be appropriate at this time to add these awards to his DD Form 214.
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 one bronze service star
* Kuwait Liberation Medal - Kuwait
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19930401 - 19930531."
_________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) AR20120017709
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ABCMR Record of Proceedings (cont) AR20120017709
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