IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130006006
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 reflect his participation in Operation Desert Shield/Storm.
2. The applicant states the DD Form 214 does not show the time he served in support of Operation Desert Shield.
3. The applicant provides copies of his DD Form 214 and orders.
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, a U.S. Army Reserve nurse, served on active duty from 1982 to 1992, when he submitted an unqualified resignation.
3. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, and the Army Lapel Button. Item 18 (Remarks) shows, "N/A."
4. The orders that the applicant submitted in support of his request show that, effective 12 October 1990, he was attached to the 86th Evacuation Hospital for the duration of the deployment.
5. The Desert Shield/Storm Data Base shows the applicant served in-theater from 1 April 1990 to 9 November 1991 with the 86th Evacuation Hospital.
6. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file includes one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.
7. Army Regulation 600-8-22 (Military Awards) states:
a. the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and 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)
* Cease-Fire Campaign (12 April 1991 to 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. The 86th Evacuation Hospital was awarded the Meritorious Unit Commendation for service during Operation Desert Shield/Storm by Department of the Army General Order Number 27 of 1994.
9. Army Regulation 635-5 (Separation Documents) provides item-by-item instructions for completing the DD Form 214. It states for:
(1) block 13: list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry must be verified by the Soldier's records; do not use abbreviations; and
(2) block 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)."
DISCUSSION AND CONCLUSIONS:
1. The Desert Shield/Storm Data Base shows that the applicant served in the theater from 1 April 1990 to 9 November 1991 with the 86th Evacuation Hospital.
2. His participation in Operation Desert Shield/Storm makes him eligible for the:
a. Southwest Asia Service Medal with three bronze service stars
b. Kuwait Liberation Medal-Saudi Arabia (KLM-SA);
c. the Kuwait Liberation Medal Kuwait (KLM-KU); and
d. the Meritorious Unit Commendation.
3. The above information should be shown on his DD Form 214.
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 changing his DD Form 214 to:
a. add in block 13 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and Meritorious Unit Commendation; and
b. deleting "N/A" from block 18 and adding, "SERVICE IN SOUTHWEST ASIA FROM 19900401-19911109."
_______ _ 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) AR20130006006
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