IN THE CASE OF: 

		BOARD DATE:	    5 February 2014

		DOCKET NUMBER:  AR20130008168 


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 his service in Desert Shield/Storm, Germany, and Korea.

2.  The applicant states he served in Desert Shield/Storm, Germany, and Korea.  He states his service is not noted on his DD Form 214.

3.  The applicant provides a National Personnel Record Center letter dated 12 April 2013 and Results of Desert Shield/Storm Database Inquiry.

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.  With prior enlisted service, the applicant enlisted in the Regular Army on 27 June 1989.  He completed training as a track vehicle repairer.  He arrived in Korea on 21 November 1989.

3.  The applicant departed Korea en-route to the United States on 26 November 1990.

4.  On 1 September 1992, the applicant was honorably discharged under the Qualitative Retention Program.  Item 12f (Foreign Service) on his DD Form 214 shows he had 1 year and 5 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Good Conduct Medal (2nd Award)
* Overseas Service Ribbon "1"
* Army Achievement Medal with one Oak Leaf Cluster

5.  A review of the available records fails to show that the applicant served in Germany.

6.  Results of a Desert Shield/Storm Database Inquiry show he served in the Theater of Operations (Kuwait/Iraq) from 11 January 1991 to 20 June 1991.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states:

	a.  Item 12f will contain only the overseas service completed during the period covered by the DD Form 214.  

	b.  Item 13 will contain all authorized awards, as contained in the Army's awards regulation, for all periods of service. 



	c.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in Item 18.  Only deployment in an imminent danger/hostile fire zone will be reflected.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  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.

	c.  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.

	d.   The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm 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 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in the available record that shows he ever served in Germany.  It appears that this information was properly omitted from his DD Form 214.  It would not at this time be in the interest of justice to amend his DD Form 214 to show he had service in Germany.

3.  The applicant's records show he had service in Korea from 21 November 1989 through 26 November 1990, which accounts for the 1 year and 5 days of foreign service shown in Item 12f on his DD Form 214.  Item 12f does not however, account for his service in Kuwait/Iraq from 11 January 1991 through 20 June 1991.  His DD Form 214 should be amended to include his 5 months and 10 days of service in Kuwait/Iraq.

4.  As a related issue, his DD Form 214 should also be amended to show the awards he is authorized as a result of his service in Korea and Kuwait/Iraq.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Amending Item 12f on his DD Form 214, dated 1 September 1992, to show he had 1 year, 5 months, and 15 days of foreign service.

	b.  Amending Item 13 to add the following awards:

* Korea Defense Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Southwest Asia Service Medal with three bronze service stars

	c.  Amending Item 18 to add the statement "SERVICE IN KUWAIT/IRAQ FROM 19910111-19910620."


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 show he had service in Germany.




      ___________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)                                         AR20130008168



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008168



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1