IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120020864
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 the country of his foreign service during the Persian Gulf War.
2. The applicant states he did not pay close attention to his DD Form 214 until recently when he noticed that the location of his foreign service was not reflected on the form.
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 enlisted in the Regular Army on 1 March 1988. He completed training and was awarded military occupational specialty 94B (Food Service Specialist).
3. Following training he was assigned for duty in Germany. The applicant's available service records do not document any deployments in support of Operation Desert Shield/Desert Storm.
4. On 26 February 1992, the applicant was honorably released from active duty at the expiration of his term of service. He completed 3 years, 11 months, and 26 days of creditable active service, including 2 years, 9 months, and 1 day of foreign service. The DD Form 214 he was issued at the time shows in:
a. item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Award or Authorized) the:
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
item 18 (Remarks) no deployment entry.
5. A review of the Gulf War Registry shows the applicant served in Southwest Asia in support of Operation Desert Shield/Desert Storm from 1 September 1991 to 31 January 1992. The specific country of service is not listed.
6. 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. It states for:
a. item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.
b. 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)."
7. 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. During the applicant's service in Southwest Asia he participated in the 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.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant served in Southwest Asia during Operation Desert Shield/Desert Storm. While the specific location of this service is not of record, it would be appropriate to correct his DD Form 214 to show he served in Southwest Asia from 1 September 1991 to 31 January 1992.
2. Based on his service in Southwest Asia and participation in one campaign, he is entitled to the Southwest Asia Service Medal with one bronze service star. Therefore, his DD Form 214 should be corrected to show this award.
3. He also served during a qualifying period of service for entitlement to the Kuwait Liberation Medal Kuwait. Therefore, his DD Form 214 should be corrected to show this award.
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 19910901 - 19920131."
_______ _ 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) AR20120020864
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120020864
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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