IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130008049 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her foreign service during the Persian Gulf War.

2.  The applicant states she needs the correction for Department of Veterans Affairs benefits.

3.  The applicant provides no supporting documentation.

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 served on active duty in the Regular Army from 30 August 1989 through 11 February 1999.
3.  Her DA Form 2-1 (Personnel Qualification Record- Part II) shows foreign service in Panama from 25 April 1992 through 25 September 1995 (3 years, 4 months, and 1 day) and Korea from 11 July 1997 through 10 July 1998 (1 year).

4.  Item f (Foreign Service) of her DD Form 214 shows 4 years, 4 months, and 1 day of foreign service.  Her DD Form 214 also shows award of the Army Commendation Medal (3rd Award), Army Achievement Medal (3rd Award), Good Conduct Medal (3rd Award), National Defense Service Medal, Army Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  A review of the Gulf War Deployment Roster shows the applicant deployed to Southwest Asia in support of Desert Shield/Desert Storm during the period 1 August 1990 through 30 September 1990 (61 days).

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  As in effect at the time of the applicant's separation, it stated that the total amount of foreign service completed during the period covered DD Form 214 is to be entered at item 12f.  The current regulation also requires an item 18 entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for active duty Soldiers deployed with their unit to an area of where hostile fire or imminent danger pay is authorized.  

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 Government of Kuwait
(KLM-K) 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.

	c.  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.

	d.  the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Southwest Asia during the Persian Gulf War from 1 August 1990 through 30 September 1990.  This period of service is not reflected in her official records and acknowledged on her DD Form 214.  

2.  The applicant's DD Form 214 at item 12f shows only the total of her regular foreign service assignments in Panama and Korea.  Her 61 days of deployment during Operation Desert Shield/Desert Storm is not included in the total at item 12f.  It is appropriated to correct the item 12f entry to read 4 years, 6 months, and 2 days.

3.  Based on her service during the Persian Gulf War, she is authorized award of Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal-Kuwait.  

4.  Based on her service in Korea, she is authorized the Korea Defense Service Medal.

5.  The applicant successfully completed two overseas tours and is authorized the Overseas Service Ribbon with Numeral 2.

6.  At the time of the applicant's separation there was no specific requirement to show a Soldier's deployment to an area of hostile fire/imminent danger.  In light of the other corrections recommended to reflect her Persian Gulf War service, it is appropriate to grant the applicant an exception to policy and in accordance with current regulations include at item 18 the statement "SERVICE IN SOUTHWEST ASIA FROM 19900801 – 19900930."






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:

	a.  showing that, in addition to the awards listed on the DD Form 214, she is also authorized the Southwest Asia Service Medal with one bronze service star, the Kuwait Liberation Medal-Kuwait, Korea Defense Service Medal, and the Overseas Service Ribbon with Numeral 2; and

	b.  adding at item 18 on her DD Form 214 the statement "SERVICE IN SOUTHWEST ASIA FROM 19900801 – 19900930."




      _______ _  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)                                         AR20130008049





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ABCMR Record of Proceedings (cont)                                         AR20130008049



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