BOARD DATE:	  16 May 2013

		DOCKET NUMBER:  AR20120017714 


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 (SWA) during Operation Desert Shield/Storm (ODS) and all of his authorized awards.

2.  The applicant states he reenlisted and deployed to SWA with the 24th Infantry Division (Mechanized) in support of ODS from September 1990 to 23 March 1991.  His DD Form 214 should show he was credited with wartime service and the appropriate service medals.

3.  The applicant provides copies of his deployment and redeployment orders, a certificate of service, a letter, and eight Leave and Earnings Statements (LESs).

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 (RA) on 6 June 1986 for a period of 2 years.  He was awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).

3.  The applicant reenlisted in the RA on 26 October 1987.  He served overseas in Germany from 13 November 1986 through 5 May 1988 and he was promoted to specialist four/pay grade E-4 on 1 July 1987.

4.  Headquarters, U.S. Army Armor Center, Fort Knox, KY, Orders 365-318, dated 31 December 1990, ordered the applicant to proceed on temporary duty (TDY) on 19 August 1990 to Fort Stewart, GA, in support of ODS for a period of 180 days.  At the time he was assigned to Headquarters and Headquarters Company, 194th Armored Brigade, Fort Knox, KY.

5.  Headquarters, 24th Infantry Division (Mechanized), Fort Stewart, GA (Forward) (Provisional), Orders 58-95, dated 23 March 1991, ordered the applicant to proceed on TDY on 24 March 1991 to return to his parent unit at Fort Knox, KY.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 17 May 1991, based on expiration of term of service, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 4 years, 11 months, and 12 days of net active service.  It also shows in: 

   a.  item 12 (Record of Service), block f (Foreign Service):  1 year, 5 months, and 22 days;

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

* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Mechanic Badge
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon

   c.  item 18 (Remarks) does not show that he served overseas in SWA.

7.  A review of the Persian Gulf War Service Roster revealed the applicant served in support of ODS from 1 October 1990 through 23 March 1991.

8.  In support of his request the applicant provides copies of eight LESs covering the period September 1990 through April 1991.  The LESs show he received oversea pay and imminent danger pay from September 1990 through March 1991.  The LESs also show his oversea pay was authorized effective 
18 September 1990 and stopped on 23 March 1991.

9.  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).

10.  Review of the applicant's military personnel record reveals he may be entitled to additional awards that are not shown on his DD Form 214.

11.  Headquarters, 194th Armored Brigade, Fort Knox, KY, Permanent Orders
80-8, dated 6 June 1989, awarded the applicant the Army Achievement Medal for meritorious achievement from 23 April 1989 to 15 June 1989.

12.  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 ODS 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 Persian Gulf War campaigns and it shows that during the applicant's tour in SWA 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)

	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.
13.  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.  Records confirm the applicant served in SWA in support of ODS from
18 September 1990 through 23 March 1991.

	a.  A calculation of this period of overseas service shows the following:

	1991  03  23	date of redeployment
	- 1990  09  18	date of deployment to SWA
	=     00  06  05
	+                   1	day inclusive
	=     00  06  06	total foreign service in SWA

   b.  Records also show the applicant served overseas in Germany for 1 year,
5 months, and 22 days.  A calculation of his two periods of overseas service shows the following:

	
	01  05  22	Germany
	+ 00  06  06	SWA
	=     01  11  28	total foreign service

	c.  Item 12, block f, and item 18 of the applicant's DD Form 214 do not show all of his foreign service.  Therefore, it would be appropriate to correct his DD Form 214 to show he served in SWA during the above cited period.

2.  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 SWA.  Thus, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars.
   
3.  The evidence of record also shows the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait) and that he was awarded the Army Achievement Medal.

4.  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.  deleting from item 12, block f of his DD Form 214 the entry "01  05  22" and adding the entry "01  11  28";

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

* Army Achievement Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900918-19910323."




      _______ _ 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)                                         AR20120017714



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ABCMR Record of Proceedings (cont)                                         AR20120017714



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