IN THE CASE OF:	    

		BOARD DATE:	  30 April 2013

		DOCKET NUMBER:  AR20120017982


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.

2.  The applicant states a typing error caused her 123 days of foreign service completed overseas in Saudi Arabia to be omitted from her DD Form 214.

3.  The applicant provides:

* Two DD Forms 214 for the period ending 16 May 1991 and 22 September 1995
* A "BIRLS (Beneficiary Identification Records Locator Subsystem) Veteran Identification" document

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.  During the period in question, the applicant's record shows she enlisted in the Regular Army (RA) on 27 February 1990 and she continued to serve until she was honorably released from active duty on 16 May 1991 due to personal reasons.  She completed 1 year, 2 months, and 20 days of creditable active service during this period.  The DD Form 214 she was issued at that time shows in:

* Item 12f (Foreign Service) – the entry "00  00  00"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – the:

* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

* Item 18 (Remarks) – no foreign service entry)

3.  On 22 February 1995, the applicant again enlisted in the RA and she continued to serve until she was discharged on 22 September 1995, having completed a total of 1 year, 9 months, and 22 days of creditable active service.  The DD Form 214 she was issued at the time does not reflect any foreign service time or awards.

4.  Review of the Gulf War Deployment Roster confirms the applicant served in the Gulf War area of operations from 1 October 1990 through 31 January 1991.

5.  The applicant provides a computer printout titled “BIRLS Veteran Identification,” which is an electronic information system used and administered by the Department of Veterans Affairs (VA) Veteran Benefits Administration (VBA) that contains personal identifiable information to identify a Veteran.  This document shows the entry"

	GW (Gulf War) In-Theater
	Start:  10/01/1990 (1 October 1990)
	End :  01/31/1991 (31 January 1991)
	Days:  123

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22; and

	c.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

7.  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, and similar devices awarded in recognition of accomplishments.  It 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 - Saudi Arabia is awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States awarded to members who served in support of Operation Desert Storm between 17 January 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal - Government of Kuwait is awarded by the Government of Kuwait to members of the Armed Forces of the United States who served in support of Operation Desert Shield or Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her record should be corrected to show the 123 days she served in Saudi Arabia.
2.  The evidence of record confirms she completed 4 months of foreign service in the Gulf War from 1 October 1990 through 31 January 1991.  Therefore, items 12f and 18 of her DD Form 214 for the period ending 16 May 1991 should be corrected to show this foreign service.

3.  Based on her service during the Gulf War, she is entitled to the Southwest Asia Service Medal with 2 bronze service stars, Kuwait Liberation Medal – Saudi Arabia, and the Kuwait Liberation Medal – Kuwait.  Therefore, her DD Forms 214 for the period ending 16 May 1991 and 22 September 1995 should be corrected to show these awards.

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 12f of her DD Form 214 for the period ending 16 May 1991 the current entry and replacing it with the entry "0000  04  00";

	b.  adding to item 13 of her DD Form 214 for the period ending 16 May 1991 and 22 September 1995 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait

	c. adding to item 18 of her DD Form 214 for the period ending 16 May 1991 the entry "SERVICE IN SOUTHWEST ASIA FROM 1 OCTOBER 1990 – 
31 JANUARY 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)                                         AR20120017982



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ABCMR Record of Proceedings (cont)                                         AR20120017982



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