IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20130005645
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 award of the Southwest Asia Service Medal (SWASM) for his service in Saudi Arabia in support of Operation Desert Shield/Desert Storm (ODS).
2. The applicant states the SWASM was not entered on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Orders Number 102-3, 11th Armored Cavalry Regiment, dated
15 February 1991 with personnel roster
* Letter from the National Personnel Records Center (NPRC), dated 8 December 2011
* Letter from the NPRC, dated 8 March 2013
* Endorsement, Fort Jackson, SC, dated 10 February 1992
* Orders D-10-778610, U.S. Army Reserve Personnel Center, dated
15 October 1997
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. On 12 October 1989, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 19D (Cavalry Scout/Bradley Fighting Vehicle).
3. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
a. Item 5 (Overseas Service): that he served in the Federal Republic of Germany (FRG) from 25 February 1990 to 24 February 1992; and
b. Item 35 (Record of Assignments): that he was assigned to the 3rd Battalion, 11th Armored Cavalry Regiment located in the FRG.
4. Orders Number 102-3, 11th ACR, dated 15 February 1991, with attached personnel roster, announced the permanent change of station for the applicant to the 23rd Replacement Regulating Detachment effective 17 February 1991. This reassignment was in support of ODS.
5. A review of the Gulf War Roster found that the applicant had served in ODS with the 1st Armored Division from 16 February to 12 March 1991.
6. On 10 February 1992, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).
7. The applicant's DD Form 214 lists his awards as:
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Army Achievement Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
8. Army Regulation 600-8-22 (Military Awards):
a. states the SWASM is awarded to members of the Armed Forces of the United States who participated in ODS 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 include:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
b. states the Kuwait Liberation Medal Saudi Arabia (KLM-SA) 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. states the Kuwait Liberation Medal Kuwait (KLM-K) 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 contends that his DD Form 214 should be corrected to show award of the SWASM for his service in support of ODS.
2. The available evidence shows that the applicant served in Southwest Asia with the 1st Armored Division from 16 February to 12 March 1991. Therefore, the SWASM with two bronze service stars should be shown on his DD Form 214.
3. The applicant served during a qualifying period for award of the KLM-SA and the KLM-K. Therefore, these two awards should be shown on his DD Form 214.
4. In view of the above, the applicant's request should be granted.
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 showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include:
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* 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) AR20130005645
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130005645
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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