IN THE CASE OF:
BOARD DATE: 23 April 2013
DOCKET NUMBER: AR20120017724
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 award of the Southwest Asia Service Medal.
2. The applicant states he served in Southwest Asia during Operations Desert Shield/Desert Storm, but the Southwest Asia Service Medal is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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, a U.S. Army Reserve Soldier, was ordered to active duty on 9 January 1991 in support of Operations Desert Shield/Desert Storm.
3. His DD Form 214 provides the following in:
a. item 12a (Date Entered Active Duty This Period), 9 January 1991;
b. item 12b (Separation Date This Period), 14 May 1991;
c. item 12f (Foreign Service), 3 months and 4 days;
d. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), award of the Army Service Ribbon and National Defense Service Medal; and
e. item 18 (Remarks), that he was ordered to active duty in support of Operations Desert Shield/Desert Storm and served in Southwest Asia from 23 January 1991 through 26 April 1991.
4. His DA Form 2-1 (Personnel Qualification Record Part II) lists his awards as the Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Hand Grenade Bar, Army Service Ribbon, National Defense Service Medal, and Southwest Asia Service Medal.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and the contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), Liberation and Defense of Kuwait (17 January to 11 April 1991), and Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) campaigns.
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.
DISCUSSION AND CONCLUSIONS:
1. In addition to the awards listed on his DD Form 214, the applicant was also awarded the Southwest Asia Service Medal, Expert Marksmanship Qualification Badge with Hand Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.
2. The applicant served in Southwest Asia from 23 January through 26 April 1991 and was awarded the Southwest Asia Service Medal. Based on the dates of his service in Southwest Asia, he is authorized to wear two bronze service stars on his Southwest Asia Service Medal.
3. The applicant participated in the Persian Gulf War during the periods for which award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait were authorized.
4. Based on the above facts and findings, it would be appropriate to correct his DD Form 214 for the period ending 14 May 1991 to add award of the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Expert Marksmanship Qualification Badge with Hand Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 14 May 1991 to add award of the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Expert Marksmanship Qualification Badge with Hand Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.
_______ _ _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) AR20120017724
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120017724
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080008463
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the period ending 17 May 1991, to show award of the Army Commendation Medal, the National Defense Service Medal, the Armed Forces Reserve Medal (AFRM) with M Device, the Kuwait Liberation Medal (Saudi Arabia), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar. The applicant provides his DD Form 214...
ARMY | BCMR | CY2014 | 20140021134
The applicant requests, in effect, award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait) and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 March 1991. Notwithstanding the issuance of the DD Form 215, dated 20 December 1991, the evidence of record shows the applicant served on active duty in Germany from February to March 1991. There is no evidence of record...
ARMY | BCMR | CY2014 | 20140006932
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service in Southwest Asia during Operation Desert Shield/Desert Storm * all awards he is entitled to receive as a result of this service 2. The evidence of record confirms the applicant served in Southwest Asia from 1 January to 26 April 1991; therefore, he is entitled to correction of his DD Form 214 to show this foreign service and the dates of this service. As a...
ARMY | BCMR | CY2014 | 20140014741
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards and medals he earned to include the "Desert Storm Medal," Southwest Asia Service Medal, Kuwait Service Liberation Medal, and the Combat Medical Badge (CMB). A DA Form 1577 (Authorization for Issuance of Awards) issued by Department of the Army Personnel Center St. Louis on 17 August 1992 shows he was authorized and issued the following awards: * National Defense...
ARMY | BCMR | CY2011 | 20110002197
The applicant requests correction of his records to show award of the Southwest Asia Service Medal. The available evidence indicates he served in the Persian Gulf War in a designated area during a qualifying time period to be authorized the Southwest Asia Service Medal and that he participated in two campaigns. He completed a qualifying period of service for the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi Arabia and is entitled to correction of his DD Form 214 to show...
ARMY | BCMR | CY2009 | 20090003674
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 March 1994 to show awards of the Army Achievement Medal, the National Defense Service Medal, the Army Good Conduct Medal (1st Award), the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal (Saudi Arabia), the Expert Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with...
ARMY | BCMR | CY2010 | 20100019999
This list contains the applicant's name and shows he served in Saudi Arabia during the period 1 August 1990 to 15 February 1991. While evidence indicates he was deployed in support of Operation Desert Shield/Storm, evidence is insufficient to determine if he served in Southwest Asia during a qualifying period and geographic area authorized for award of the Kuwait Liberation Medal-Saudi Arabia. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110005857
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate to correct: a. item 12, block f, of the applicant's DD Form 214 to show this foreign service; and b. item 18 to show he served in SWA from 1 October 1990 through 15 April 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the current entry in item 12, block f, of his DD Form 214...
ARMY | BCMR | CY2009 | 20090003723
BOARD DATE: 16 July 2009 DOCKET NUMBER: AR20090003723 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The available evidence clearly shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm from 18 February to 12 April 1991. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214 by adding the Southwest Asia Service Medal with 2 bronze service stars,...
ARMY | BCMR | CY2010 | 20100008188
It further provides that item 18 will contain the following entry for Regular Army Soldiers deployed with their unit during their continuous period of active service: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." The evidence of record shows the applicant was deployed to Saudi Arabia from 1 October 1990 to 15 April 1991, a period of 6 months and 15 days. Therefore, his records should be corrected to show these awards.