IN THE CASE OF:  

		BOARD DATE:  20 August 2013

		DOCKET NUMBER:  AR20120021984 


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 combat service in support of Operations Desert Shield/Desert Storm (ODS).  He further requests his DD Form 214 show any awards due him as a result of that service.

2.  The applicant states that it may have been just an oversight during his out-processing and his failure to notice the omission of his combat service and awards.  He needs his DD Form 214 corrected so as to obtain medical treatment at the Department of Veterans Affairs (VA) Medical Center in Battle Creek, MI.  He fought for his country and has earned the right to have correct information on his DD Form 214, even if it is 20 years late.

3.  The applicant provides copies of:

* Orders 355-402, Fort Sill, OK, dated 21 December 1990
* Orders 001-270, Fort Sill, OK, dated 1 January 1991
* Central Issue Facility for Desert Clothing Issue, dated 4 January 1991
* SGLV-8286 (Servicemen's Group Life Insurance Election and Certificate), dated 8 January 1991
* Copies of envelopes post marked by Army Post Office (APO) 09857, dated 12 February 1991
* Notes from phone conversations with his mother, dated 13 March 1991
* DA Form 3686-1 (Jumps Army Leave and Earnings Statement (LES)) for May and June 1991
* 20 photocopies of photographs purporting to be the applicant in Iraq/Saudi Arabia, undated
* 2 newspaper articles, undated
* DA Form 2-1 (Personnel Qualification Record - Part II) 2 pages

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.  On 4 September 1990, the applicant enlisted in the Regular Army.

3.  Orders 355-402, Fort Sill, OK, dated 21 December 1990, assigned the applicant to Headquarters and Headquarters Battery, III Corps Field Artillery, with further attachment to the 158th Multiple Launch Rocket System (MLRS) Battalion, located at Fort Sill, for the purpose of deployment to Southwest Asia.

4.  Orders 001-270, Fort Sill, OK, assigned the applicant to the 158th MLRS Battalion, effective 1 January 1991.

5.  CIF Issue Worksheet, as provided by the applicant, indicates that on or about 4 January 1991, the applicant received an issue of desert clothing.

6.  A DA Form 2-1, as provided by the applicant and filed in his Army Military Human Resource Record (AMHRR) indicates in Item 5 (Overseas Service) that he commenced temporary duty in Saudi Arabia on 31 January 1991.

7.  The copies of two envelopes provided by the applicant indicate that he had sent letters on 12 February 1991 from Southwest Asia.  The envelopes state "Operation Desert Storm" and were free of postage.

8.  The applicant's LES for May indicates that the applicant received overseas pay, danger pay, and family separation pay based on assignment to Saudi Arabia.  Overseas and danger pay was stopped effective 31 May 1991.
9.  A DA From 2-1, indicates that the applicant was reassigned on 15 June 1991 to the 6th MLRS Battalion, 32nd Field Artillery, at Fort Sill, OK.

10.  On 14 May 1992, the applicant was discharged from active duty.  His 
DD Form 214 shows:

	a.  in Item 12f (Foreign Service):  00  00  00; and

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

* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 2nd Class (Marksman) Marksmanship Qualification Badge with Grenade Bar

11.  A review of the Gulf War Roster failed to show the applicant's name as having participated in ODS.

12.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations DS/DS 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.  This regulation 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.

	c.  This regulation 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.

13.  Army Regulation 635-5 (Separation Documents) paragraph 2-4, Completing the DD Form 214, currently requires that deployments be documented in block 18 (Remarks).  The prescribed format is, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his combat service in support of ODS and any awards due him as a result of that service.

2.  The applicant's DA Form 2-1 clearly shows he commenced his deployment in Saudi Arabia on 31 January 1991.  His LES clearly shows that his overseas pay and danger pay were terminated effective 31 May 1991.  His DA Form 2-1 also shows he was subsequently reassigned to another unit effective 15 June 1991.  Therefore, it is reasonable to presume that he served in Saudi Arabia/Kuwait from 31 January to 31 May 1991.

3.  The available evidence clearly shows that the applicant served qualifying periods of service for award of the KLM-SA and KLM-KU.

4.  Accordingly, the applicant's DD Form 214 should be corrected to show:

	a.  in Item 12f: 00  04  00;

	b.  in Item 13: add SWASM with 3 bronze service stars, Kuwait Liberation Medal - Saudi Arabia; and Kuwait Liberation Medal - Kuwait; and

	c.  in Item 18:  "SERVICE IN SOUTHWEST ASIA FROM 19910131 - 19910531.

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.  showing in Item 12f of his DD Form 214: 00  04  00;

	b.  adding in Item 13 of his DD Form 214: Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal - Saudi Arabia, and Kuwait Liberation Medal - Kuwait; and

	c.  adding in Item 18 of his DD Form 214: "SERVICE IN SOUTHWEST ASIA FROM 19910131 - 19910531."



      ____________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)                                         AR20120022739



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ABCMR Record of Proceedings (cont)                                         AR20120021984



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