IN THE CASE OF:	  

		BOARD DATE:  31 October 2013

		DOCKET NUMBER:  AR20130004197 


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 Southwest Asia from 20 January to 5 April 1991. 

2.  The applicant states, in effect, his unit was activated on 18 January 1991 and his flight left on 19 January 1991 and arrived in theater on 20 January 1991.  He returned from theater on 20 April 1991. 

3.  The applicant provides:

* DD Form 214
* Permanent Orders 6-3 (attachment orders)
* Manifest Report

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's records show he enlisted in the Regular Army on 22 February 1988 and he held military occupational specialty 31M (Multichannel Communications Systems Operator).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) which would have listed his units of assignment as well as his combat deployment is not available for review with this case.  However, his unit of assignment is listed on Permanent Orders 73-6, issued by Headquarters, 4th Battalion, 43rd Air Defense Artillery, dated 7 September 1989, awarding him the Army Achievement Medal for service from 7 to 10 August 1989. 

4.  He was honorably released from active duty on 22 February 1993.  His DD Form 214 shows in:

   a.  item 12f (Foreign Service) – completion of 3 years, 4 months, and 14 days of foreign service;

   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal
* Overseas Service Ribbon
* Good Conduct Medal
* Army Achievement Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal

   c.  item 18 (Remarks) – no entry for service in Southwest Asia.

5.  His name is shown on the Gulf War Roster as having served in Southwest Asia from 13 February to 5 April 1991.

6.  He submitted:

	a.  Orders 6-3, issued by Headquarters, 32nd Army Air Defense Command, attaching the 4th Battalion, 43rd Air Defense Artillery, to Joint Task Force Patriot and assigning this unit to the 32nd Army Air Defense Command effective 22 January 1991 to support Joint Task Force Patriot in Operation Desert Storm. 

	b.  The Manifest Report, dated 20 January 1991, listing the names of several Soldiers, including the applicant's name, of the 4th Battalion, 43rd Air Defense Artillery Regiment, as scheduled to fly on a particular aircraft. 

7.  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.  The approved 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)

	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.

8.  Army Regulation 635-5 (Separation Documents) states that for an active duty Soldier deployed to a foreign country 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 DA Form 2-1 is not available for review with this case.  However, it appears he was assigned to the 4th Battalion, 43rd Air Defense Artillery, and he deployed with this unit to Southwest Asia in support of Operation Desert Storm.  

2.  His exact dates of deployment and redeployment are unknown:

	a.  The orders that attached his unit to Joint Task Force Patriot and assigned this unit to the 32nd Army Air Defense Command effective 22 January 1991 to support Joint Task Force Patriot in Operation Desert Storm does not mean he deployed on that date.  Likewise, the Manifest Report does not mean he flew out on that date.  

	b.  The Gulf War Roster shows he served in Southwest Asia from 13 February 1991 to 5 April 1991.  In the absence of additional documentary evidence that confirms other dates, the Gulf War Roster dates are accepted as the dates of his deployment.  Therefore, he is entitled to correction of his DD Form 214 to show these dates. 

3.  His service in Southwest Asia qualifies him for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).  Although his 
DD Form 214 listed the Kuwait Liberation Medal, it is unclear which country awarded it.  As a matter of clarity, his DD Form 214 should be corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the Kuwait Liberation Medal from item 13 of his DD Form 214
* adding to item 13 of his DD Form 214 the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait)
* adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910213-19910415" to item 18 of his DD Form 214


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show his service in Southwest Asia from 20 January to 5 April 1991. 



      _______ _  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)                                         AR20130004197



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ABCMR Record of Proceedings (cont)                                         AR20130004197



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