BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130008472
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 June 1991 to show awards for his service in Operation Desert Storm.
2. The applicant states, in effect, his Southwest Asia service is shown on his DD Form 214, but his decorations are not reflected.
3. The applicant provides:
* DD Form 214
* separation instructions
* Congressional correspondence
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 enlisted in the Arkansas Army National Guard (ARNG) on
21 June 1985 for an 8-year period. He completed training and was awarded military occupational specialty 13B (Cannon Crewman).
3. His DA Form 2-1 (Personnel Qualification Record) shows in:
* Item 5 (Oversea Service) Saudi Arabia from 15 January through 13 May 1991
* Item 9 (Awards, Decorations and Campaigns) - Southwest Asia Service Medal with 2 bronze service stars
4. His records contain a DD Form 214 for the period 21 November 1990 through 3 June 1991 which shows in:
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), no foreign service awards
* Item 18 (Remarks), service in Southwest Asia for the period 15 January 1991 through 13 May 1991
5. On 20 June 1991, the applicant was honorably released from the ARNG and transferred to the U.S. Army Control Group (Annual Training). His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows award of the Southwest Asia Service Medal with 2 bronze service stars.
6. A review of his record indicates he is entitled to additional awards not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served a period of service in Southwest Asia for award of the Southwest Asia Service Medal with 3 bronze service stars. Therefore, he is entitled to correction of his DD Form 214 to show this award with 3 bronze service stars.
2. The applicant served a qualifying period of service for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait; therefore, he is entitled to correction of his DD Form 214 to show these foreign 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:
a. removing from his DD Form 214 for the period ending 3 June 1991 the Southwest Asia Service Medal with 2 bronze service stars and
b. adding the following awards to his DD Form 214 for the period ending 3 June 1991:
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
___________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) AR20130008472
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008472
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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