BOARD DATE:  24 September 2013

		DOCKET NUMBER:  AR20130003021


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 service in Operation Desert Storm.

2.  The applicant states he was there and has a letter thanking him for being there.  They were at Fort Stewart, Georgia, when the unit was ordered to deploy in support of the Gulf War on 1 January 1991.  He was in the rear echelon that followed the main group from the United States to Iraq.  He has to get medical help for a gunshot wound and post-traumatic stress disorder, but his Operation Desert Storm service and medals are not listed.

3.  The applicant provides a copy of a letter from the Commanding General of the 24th Mechanized Infantry Division, dated 12 March 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.  The applicant enlisted in the Regular Army on 16 February 1989.  He held military occupational specialty 63H (Track Vehicle Repairer).

3.  His DD Form 214 shows he was honorably released from active duty in the rank/grade of specialist/E-4 on 11 February 1993.  He completed 3 years, 11 months, and 26 days of total active service.

	a.  Item 12f (Foreign Service) of his DD Form 214 shows no foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized Army Service Ribbon, National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, and the Army Lapel Button.

	c.  Item 18 (Remarks) of his DD Form 214 shows no deployment.

4.  His name is listed on the Gulf War Roster showing he served in Southwest Asia from 11 January to 13 April 1991 (3 months and 3 days).

5.  He provides a copy of a letter from Major General B____ R. M____, dated 12 March 1991, which thanks all the Soldiers of the 24th Mechanized Infantry Division who participated in the 24 February 1991 attack on Iraq.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states item 18 is used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for other entries.  For an active duty Soldier deployed with his or her unit, an entry of "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is included.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  The Southwest Asia Service Medal was awarded to members of the Armed Forces of the United States who served in Southwest Asia and the contiguous waters or airspace there over 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)
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) was approved on 9 November 1995 and was 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.  The applicant's records show he distinguished himself in the performance of his military service as evidenced by his advancement to the rank of SP4 and his honorable release from active duty.  Furthermore, there is no evidence of any misconduct or disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  It is presumed that he did not receive the Army Good Conduct Medal due to an oversight.  Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period 16 February 1989 to 15 February 1992 and his DD Form 214 should be corrected to show this medal.

2.  His name is listed on the Gulf War Roster showing he served in Southwest Asia from 11 January to 13 April 1991 (3 months and 3 days).  His DD Form 214 should be corrected to show this service.

3.  Item 12f of his DD Form 214 should be corrected to show he completed 3 months and 3 days of foreign service.

4.  The applicant is authorized award of the Southwest Asia Service Medal with two bronze service stars, KLM-SA, and KLM-KU.  His DD Form 214 should be corrected to show these awards.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 February 1989 to 15 February 1992,

	b.  deleting the entry in item 12f of his DD Form 214 and replacing it with "00  03  03,"

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

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with two bronze service stars
* KLM-SA
* KLM-KU

	d.  adding the statement "SERVICE IN SOUTHWEST ASIA FROM 19910111-19910413" 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)                                         AR20100014430



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ABCMR Record of Proceedings (cont)                                         AR20130003021



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