IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021615
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 his service in Southwest Asia (SWA).
2. The applicant states his DD Form 214 does not reflect his overseas service during the Gulf War.
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 3 July 1985 for a period of 3 years, training as a petroleum supply specialist, and assignment to Korea. He completed basic training at Fort Dix, New Jersey, and advanced individual training at Fort Lee, Virginia. He was transferred to Korea for his first duty assignment.
3. He completed his 1-year tour in Korea and was transferred to Fort Carson, Colorado, on 8 January 1987.
4. On 7 January 1988, he reenlisted for a period of 3 years, assignment to Korea, and a selective reenlistment bonus. He was transferred to Korea on 2 November 1988. He completed his 1-year tour and was transferred to Fort Riley, Kansas, on 17 November 1989.
5. He deployed to Saudi Arabia with his unit during the period 7 January-15 May 1991 and returned to Fort Riley where he remained until he was honorably released from active duty on 6 January 1992 due to the expiration of his term of service. He completed 6 years, 6 months, and 3 days of active service.
6. His DD Form 214 shows he was awarded or authorized the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Army Good Conduct Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon with Numeral 2, Bronze Star Medal, Driver and Mechanic Badge with Driver-W Bar, and Army Achievement Medal (2nd Award). His DD Form 214 does not reflect his service in SWA in item 18 (Remarks).
7. Army Regulation 600-8-22 (Military Awards) states the SWA 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. Approved designated campaigns are:
* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* SWA Cease-Fire (12 April 1991-30 November 1995)
8. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.
9. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.
10. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant served in SWA during the period 7 January-15 May 1991 and is entitled to have that service reflected in item 18 of his DD Form 214.
2. He participated in three campaigns during a qualifying period for award of the SWASM and is entitled to have the SWASM with three bronze service stars added to his DD Form 214.
3. Additionally, he served during a qualifying period for award of the KLM-SA and KLM-KU and is entitled to have those awards added to his DD Form 214 as well.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* adding award of the SWASM with three bronze service stars, KLM-SA, and KLM-KU to his DD Form 214
* adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910107-19910515" to item 18 of his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Gulf War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120021615
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