BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130007868
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) for the period ending 3 May 1991 to show his deployment in Southwest Asia (SWA) and the Southwest Asia Service Medal (SWASM).
2. The applicant states:
* his Persian Gulf service is missing from his DD Form 214 for the period ending 3 May 1991
* he needs the SWASM documented on this DD Form 214
* eight members from the 416th Civil Affairs (CA) Company in Norristown, PA were activated for Persian Gulf service
* they back-filled a Maryland CA unit
* in Saudi Arabia they were attached to the 82nd Airborne Division, XVIIIth Airborne
3. The applicant provides:
* Letter of Commendation
* Military Pay Voucher
* Certificate of Achievement
* Award certificate for the Army Achievement Medal (AAM)
* DD Form 214 for the period ending 3 May 1991
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 was ordered to active duty from the U.S. Army Reserve on
2 January 1991 in support of Operation Desert Shield/Desert Storm. He served as an administrative specialist. On 3 May 1991, he was released from active duty.
3. His DD Form 214 for the period ending 3 May 1991 shows he was awarded or authorized the:
* Army Service Ribbon
* National Defense Service Medal with bronze service star
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal
4. Item 18 (Remarks) shows he served in Southwest Asia (SWA) from
1 February 1991 to 13 April 1991. Since his Persian Gulf service (SWA) is already shown on his DD Form 214, this portion of his request will not be discussed further in these proceedings.
5. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for participation in each of the following campaigns:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)
6. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.
7. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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:
Based on the applicant's service in Southwest Asia from 1 February 1991 to
13 April 1991, he is authorized the SWASM with two bronze service stars, KLM-SA, and KLM-KU. Therefore, 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 the SWASM with two bronze service stars, KLM-SA, and KLM-KU to his DD Form 214 for the period ending 3 May 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) AR20130007868
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