IN THE CASE OF:	  

		BOARD DATE:	    7 November 2013

		DOCKET NUMBER:  AR20130004232 


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 the Southwest Asia Service Medal. 

2.  The applicant states he deployed to Southwest Asia in support of Operation Desert Storm. 

3.  The applicant provides:

* DD Form 214
* Orders 002-127, deployment order
* Orders 115-1, temporary duty (TDY) order
* Letter from the Internal Revenue Service (IRS)
* IRS Form 1040 (U.S. Individual Income Tax Return)
* Form IT-1040 (Ohio Individual Income Tax Return)

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 2 February 1988 and he held military occupational specialty 11B (Infantryman).  His DA Form 2-1 (Personnel Qualification Record) does not list his service in Southwest Asia. 

3.  He was honorably released from active duty on 23 May 1991.  His DD Form 214 shows in:

* item 12f (Foreign Service) – completion of 4 months and 27 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) –

* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Army Achievement Medal
* Armed Forces Expeditionary Medal (Operation Just Cause)
* Driver and Mechanic Badge with Driver - Wheel Clasp 
* Army Commendation Medal (1st Oak Leaf Cluster)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Infantryman Badge
* Combat Infantryman Badge
* Army Good Conduct Medal

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

4.  His name is not shown on the Gulf War Roster as having served in Southwest Asia.  However, he submitted:

	a.  Orders 002-127, issued by Headquarters, 7th Infantry Division (Light), Fort Ord, CA, ordering him to proceed on TDY to the Continental United States (CONUS) Replacement Center, Fort Benning, GA, on or about 5 January 1991, for deployment in support of Operation Desert Shield. 

	b.  Orders 115-1, issued by Headquarters, 77th Transportation Group, on 25 April 1991, ordering him redeployed to Fort Jackson, SC, on or about 26 April 1991.  The orders stated "Soldier is CONUS based and is deployed to Saudi Arabia for Operation Desert Storm.  

	c.  1991 Federal and State tax forms showing he claimed income due to Operation Desert Storm. 

5.  He enlisted in the Ohio Army National Guard (OHARNG) on 24 May 1991.  

6.  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.  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.

7.  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 does not list his deployment to Southwest Asia and his name is not shown on the Gulf Roster.  However, he provides orders that confirm he deployed to Southwest Asia on or about 5 January 1991 and redeployed on or about 26 April 1991 and served through 3 campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show this deployment. 

2.  His service in Southwest Asia qualifies him for award of the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).  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 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:

* adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)
* adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910105 - 19910426"




      _______ _  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)                                         AR20130004232





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ABCMR Record of Proceedings (cont)                                         AR20130004232



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