IN THE CASE OF:	  

		BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20130000128 


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 foreign service for his participation in Operation Desert Shield/Desert Storm in Saudi Arabia.

2.  The applicant states, in effect, his DD Form 214 is not up to date and he did not realize the importance of this until he applied for veteran status.

3.  The applicant provides a 1-page extract of his DA Form 2-1 (Personnel Qualification Record).

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 for 4 years on 19 March 1987.

3.  He completed training and was awarded military occupational specialty 96B (Intelligence Analyst).  The highest rank/grade he attained while on active duty was sergeant/E-5.

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 shows he served in Saudi Arabia beginning on 30 August 1990.  The form does not show the end date of his service in Saudi Arabia.

5.  The applicant's name appears on the Gulf War Deployment Roster showing he served in Southwest Asia from 1 October 1990 through 31 March 1991.

6.  On 10 April 1991, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he completed 4 years and 22 days of creditable active military service.

7.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "00 00 00."

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show any Gulf War awards.

9.  Item 18 (Remarks) of the applicant's DD Form 214 does not show a period of deployment.

10.  A review of the applicant's records shows he is entitled to additional awards and decorations. 

11.  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 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 campaigns include:

   *	Defense of Saudi Arabia (2 August 1990-16 January 1991)
   *	Liberation and Defense of Kuwait (17 January-11 April 1991)

	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.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his foreign service for his participation in Operation Desert Shield/Desert Storm was carefully considered and determined to have merit.

2.  Sufficient evidence has been presented showing the applicant served in Southwest Asia during the period 1 October 1990 through 31 March 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this deployment.

3.  Records show the applicant completed a qualifying period of service establishing entitlement to the following awards and correction of his DD Form 214 to show these awards:

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








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 the entry "00 06 00" to item 12f of his DD Form 214;

   b. adding the following awards to item 13 of his DD Form 214:

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

	c.  adding the statement "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910331" to item 18 of his DD Form 214.




      _______ _   _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)                                         AR20130000128



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ABCMR Record of Proceedings (cont)                                         AR20130000128



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