BOARD DATE:	  12 November 2013

		DOCKET NUMBER:  AR20130005378 


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 support of Operation Desert Storm for the period January through May 1991 and his date of birth (DOB) as 30 April 1962 instead of 20 April 1962.

2.  The applicant states his DD Form 214 is incorrect and should be corrected to properly reflect his service.

3.  The applicant provides no additional evidence.

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 contain a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 14 October 1982, which shows he listed his DOB as 30 April 1962 during his enlistment processing.  The form is further authenticated by both his and his recruiter's signatures.  In addition, his records contain several other forms which identify his DOB as he requests.

3.  The applicant enlisted in the Regular Army on 8 February 1983.  He completed the training requirements and he was awarded military occupational specialty 63D (Self Propelled Artillery System Mechanic).

4.  The applicant was honorably discharged on 28 August 1992.  Item 5 (DOB) of his DD Form 214 shows his DOB as 20 April 1962.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Overseas Service Ribbon with Numeral "2"
* Noncommissioned Officer Professional Development Ribbon
* Army Good Conduct Medal (2nd Award)
* Driver and Mechanic Badge with Driver-T Bar
* Driver and Mechanic Badge with Driver-W Bar
* Driver and Mechanic Badge with Mechanic Bar
* Army Achievement Medal (2nd Award)
* Army Commendation Medal (2nd Award)

5.  Item 18 (Remarks) does not show his deployment in support of Operation Desert Storm for the period January through May 1991.

6.  His name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center (DMDC).  The database shows he was deployed to Southwest Asia from 5 January through 12 May 1991.

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 preparation of the DD Form 214.  It states, in part, that for:

	a.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records; and

	b.  item 18 for an active duty Soldier deployed 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)."

8.  Army Regulation 600-8-22 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 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 to 30 November 1995)

	b.  The Kuwait Liberation Medal-Saudi Arabia 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 and 28 February 1991.

	c.  In addition, this regulation further states the Kuwait Liberation Medal-Kuwait 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.  The applicant's enlistment document shows his DOB as 30 April 1962.  It appears the incorrect DOB listed on his DD Form 214 was a result of an administrative oversight.

2.  The applicant's name appears in the Operations Desert Shield/Desert Storm Database compiled by the DMDC.  The database shows he was deployed to Southwest Asia from 5 January through 12 May 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

3.  Based on the applicant's accepted dates of service in Southwest Asia, he served during a qualifying period for award of the Southwest Asia Service Medal.  The evidence also shows he participated in three campaigns while serving in Southwest Asia from 5 January through 12 May 1991.  Therefore, he is entitled to award of the Southwest Asia Service Medal with three bronze service stars and correction of his DD Form 214 to show this award.

4.  The evidence shows he served a qualifying period of service in a designated location to qualify for award of both the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show these foreign 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.  deleting the current entry from item 5 of his DD Form 214 and replacing it with "620430";

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

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait



	c.  adding the following entry to item 18 of his DD Form 214:  "SERVICE IN SOUTHWEST ASIA FROM 19910105-19910512."



      ___________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)                                         AR20130005378



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ABCMR Record of Proceedings (cont)                                         AR20130005378



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