IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002885
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 to item 12f (Foreign Service) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Southwest Asia for the period 6 October 1990 through 21 April 1991.
2. The applicant states, in effect, he served in Southwest Asia and the time is not correctly listed in item 12f of his DD Form 214.
3. The applicant provides a portion 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. Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 12 September 1989.
3. The applicant was honorably discharged on 3 February 1994.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Southwest Asia Service Medal with 3 bronze service stars
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge
* Kuwait Liberation Medal
5. Item 12f of the applicant's DD Form 214 does not show he performed any foreign service.
6. Item 18 (Remarks) contains the entry, "//SERVICE IN SWA 6 OCT 1990 TO 21 APR 1991//" indicating he performed service in Southwest Asia for the period 6 October 1990 through 21 April 1991, a period of 6 months and 16 days.
7. 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. In establishes standardized policy for the preparation of the DD Form 214. It states, in part, that for item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) states 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.
9. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. Item 18 of the applicant's DD Form 214 shows he was deployed to Southwest Asia from 6 October 1990 through 21 April 1991 (a period of 6 months and
16 days). Therefore, he is entitled to have item 12f of his DD Form 214 corrected to show this foreign service.
2. The applicant served a qualifying period for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. The Kuwait Liberation Medal was approved on 9 November 1995, after the applicant was honorably discharged. Based on the foregoing, it would be appropriate to amend his DD Form 214 to show the Kuwait Liberation Medal (Saudi Arabia) and the 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. deleting the current entry in item 12f of his DD Form 214 and adding the entry "00 06 16";
b. deleting the Kuwait Liberation Medal from item 13 of his DD Form 214; and
c. adding to item 13 of his DD Form 214 the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).
_______ _ _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) AR20130002885
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ABCMR Record of Proceedings (cont) AR20130002885
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