BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130001533


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 records and DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Saudi Arabia in support of Operation Desert Storm (in two separate applications).

2.  The applicant states his service in Saudi Arabia in support of Operation Desert Storm is not shown in his military records or on his DD Form 214.

3.  The applicant provides:

* memorandum from the 87th Corps Support Battalion, dated 8 March 1994
* two medical documents from the King Fahad Hospital, dated 26 and 28 February 1991

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.  Records show the applicant enlisted in the Regular Army on 13 February 1990.  He was trained in and awarded military occupational specialty 88M (Motor Transport Operator).

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 9 July 1990 through 8 July 1993 while assigned for duty with the 515th Transportation Company.  It does not list any additional foreign service.

4.  On 10 May 1995, he was discharged under honorable conditions after completing 5 years, 2 months, and 28 days of creditable active duty service which included 3 years of foreign service.  Item 18 (Remarks) of his DD Form 214 does not list any deployments.

5.  The Gulf War Roster shows the applicant served in Southwest Asia from 13 to 28 February 1991, a period of 16 days.

6.  The applicant provides an 87th Corps Support Battalion memorandum, dated 8 March 1994, wherein his commander states an administrative error caused the applicant's service in Saudi Arabia to be omitted from his military record.  The commander indicated the applicant served with the 515th Transportation Company in Saudi Arabia from 6 December 1990 to 20 May 1991.

7.  The applicant provides two King Fahad Hospital, Kingdom of Saudi Arabia, medical documents showing he was admitted to the hospital on 25 February 1991 for "reactive airways disease (asthma)" and further discharged on 28 February 1991 to be evacuated for evaluation by any allergist.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for 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)."

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-14 states the Southwest Asia Service Medal is authorized for service in Southwest Asia in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 30 November 1995.  A bronze service star is authorized for campaigns a member participated in while serving in Southwest Asia.  During the applicant's service in Southwest Asia, credit was awarded for participation in the Liberation and Defense of Kuwait campaign.

	b.  Paragraph 9-14 states the Kuwait Liberation Medal-Saudi Arabia is authorized to members who participated in Operation Desert Storm between 17 January and 28 February 1991.

	c.  Paragraph 9-15 states the Kuwait Liberation Medal-Kuwait it is authorized to members who served in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The commander's statement and medical evidence confirm the applicant briefly served in Saudi Arabia prior to being medically evacuated due to his asthma condition.  This service is also corroborated by the entry in the Gulf War Roster which lists his 16-day service from 13 to 28 February 1991.  Therefore, his service in Saudi Arabia should be annotated in item 18 of his DD Form 214.

2.  Further, based on the applicant's Southwest Asia service in support of Operations Desert Shield/Desert Storm, he is also authorized award of the Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait.  Therefore, it would be appropriate to add these awards to his records and DD Form 214 at this time.

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.  adding award of the Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait to item 13 of his DD Form 214; and

	b.  adding the entry "SERVICE IN SAUDI ARABIA FROM 19910213-19910228" 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)                                         AR20120011592



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ABCMR Record of Proceedings (cont)                                         AR20130001533



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