IN THE CASE OF:
BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130001395
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 in Kuwait.
2. The applicant states his DD Form 214 does not show his service in Camp Doha, Kuwait, with Company B, 2nd Battalion, 7th Infantry Regiment, 24th Infantry Division.
3. The applicant provides no additional evidence.
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 31 December 1991.
3. The applicant was discharged under honorable conditions on 3 June 1997.
4. Item 12f (Foreign Service) of his DD Form 214 does not show he performed any foreign service.
5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Army Service Ribbon
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
6. Item 18 (Remarks) of his DD Form 214 does not contain an entry indicating service in Kuwait.
7. The applicant's name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center. The primary Operations Desert Shield/Desert Storm Database file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. This database shows he was deployed to Southwest Asia from 1 October through 30 November 1994 (a period of 2 months and 1 day).
8. Army Regulation 635-5 (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 preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate. Chapter 2 contains specific guidance for preparation of 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, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. Do not use abbreviations; and
c. item 18 for an active duty Soldier deployed 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)."
9. Army Regulation 600-8-22 states 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 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)
DISCUSSION AND CONCLUSIONS:
1. The applicant's name appears in the Operations Desert Shield/Desert Storm Database. This database shows he was deployed to Southwest Asia from 1 October through 30 November 1994 (a period of 2 months and 1 day). Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.
2. The available evidence shows he served a qualifying period (1 October through 30 November 1994) in a designated location for award of the Southwest Asia Service Medal. The available evidence also shows he participated in one campaign while serving in Southwest Asia. Therefore, he is entitled to correction of his DD Form 214 to show award of the Southwest Asia Service Medal with one bronze service star.
BOARD VOTE:
___X____ __X_____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. deleting the current entry from item 12f of his DD Form 214 and adding the entry "00 02 01";
b. adding the Southwest Asia Service Medal with one bronze service star to item 13 of his DD Form 214; and
c. adding the statement "SERVICE IN SOUTHWEST ASIA/KUWAIT FROM 19941001-19941130" 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) AR20130001395
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ABCMR Record of Proceedings (cont) AR20130001395
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