BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130007970 


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 his service in Kuwait be documented on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 4 October 1996.  He also requests his service in Korea be entered on his DD Form 214.

2.  The applicant states he was in Kuwait in 1992 and 1993.  He also states his foreign service on his DD Form 214 does not include his two tours in Korea.

3.  The applicant provides:

* his DD Form 214
* Certificate of Achievement for Completion of the Combat Lifesaver Course
* Certificate of Achievement for outstanding duty performance during Intrinsic Action 93-1, 20 October - 20 December 1992
* Certificate of Appreciation for outstanding support during Operation Iris Gold January - February 1993
* two certificates from Joint Task Force - Kuwait dated 20 December 1992 and 1 March 1993
* Certificate of Promotion to sergeant, dated 1 December 1992

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 July 1985, he enlisted in the Regular Army.  He reenlisted on 
18 December 1987 and on 8 February 1991.  On 6 February 1993, he reenlisted in the Regular Army in Kuwait.

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  Item 5 (Oversea Service) he served on temporary duty in Kuwait from 
14 January 1993 to 4 March 1993.

	b.  Section VII - Current and Previous Assignments his overseas duty assignments as follows:

* 546th Maintenance Company, Germany - 16 February 1988 - 
	9 February 1990, 1 year, 11 months, and 24 days (0001 11 24)
* 348th Quartermaster Company, Korea - 6 June 1991 - 4 May 1992, 
	0000 10 29
* U.S. Army Camp Owens, 5th Battalion, 17th Cavalry, Korea - 16 July 
	1994 - 16 July 1995, 0001 00 01

4.  A DA Form 638-1, dated 20 November 1992, shows that Permanent Order 334-19, dated 10 December 1992, awarded the applicant the Army Commendation Medal for exceptional achievement while serving in support of Exercise Intrinsic Action 93-1 in the Emirate of Kuwait from 20 October to 
20 December 1992.  

5.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served 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.  There are also separate files covering calendar years 1994 and 1995.

6.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period 1 October 1992 - 31 March 1993.
7.  On 4 October 1996, he was discharged.  He completed 11 years, 2 months, and 23 days of active service that was characterized as honorable.  His 
DD Form 214 contains the following information:

	a.  Item 12f (Foreign Service) contains the entry 0004 00 23;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* Army Commendation Medal (2 awards)
* Army Achievement Medal (6 awards)
* Army Good Conduct Medal (2 awards)
* National Defense Service Medal
* Southwest Asia Service Medal 
* Noncommissioned Officer's Professional Development Ribbon
* Army Service Ribbon 
* Overseas Service Ribbon (3 awards)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

	c.  Item 18 (Remarks) contains the entry SERVICE IN SOUTHWEST ASIA 19930114 - 19930304.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal 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 the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	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.

9.  Army Regulation 635-5 (Separation Documents) provides that when an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYYMMDD format.

DISCUSSION AND CONCLUSIONS:

1.  Item 5 of his DA Form 2-1, the DA Form 638-1, and DMDC Desert Shield/Storm Data Base are sufficient to show he served in Kuwait from 
1 October 1992 to 31 March 1993, 0000 06 01.

2.  Based on the above determination and his overseas service shown in 
Section VII of his DA Form 2-1, his total foreign service is 4 years, 4 months, and 25 days.  Therefore, item 12f of his DD Form 214 should read 0004 04 25.   This includes both of his tours in Korea.  

3.  Based on his service in Korea he is authorized the Korea Defense Service Medal.  

4.  Based on his service in Kuwait he is authorized one bronze service star on his Southwest Asia Service Medal.  He is also authorized the Kuwait Liberation Medal - Government of Kuwait.

5.  The current entry in item 18 of his DD Form 214 showing his service in Southwest Asia does not include all of his service.  Therefore, the current entry should be deleted and the following entry be added:  "SERVICE IN KUWAIT 19921001 - 19930331."

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 amending his DD Form 214 with a separation date of 4 October 1996 as follows:

	a.  Item 12f - delete: 0004 00 23
	add:  0004 04 25

	b.  Item 13 - Delete:  Southwest Asia Service Medal
	      	Add:   Southwest Asia Service Medal with one bronze service 					star
				Korea Defense Service Medal
					Kuwait Liberation Medal - Government of Kuwait
	
	c.  Item 18 - Delete:  SERVICE IN SOUTHWEST ASIA 19930114 - 19930304
		    Add:  SERVICE IN KUWAIT 19921001 - 19930331




      _______ _  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)                                         AR20130007970



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ABCMR Record of Proceedings (cont)                                         AR20130007970



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