BOARD DATE:  30 January 2014

		DOCKET NUMBER:  AR20130009860


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 foreign service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm during the period 13 January 1991 through 3 May 1991.

2.  The applicant states he served in the theater of operations; however, this service was not recorded.

3.  The applicant provides his DD Form 214, an extract of information from the Department of Veterans Affairs (VA), and extracts of patient statistic data from the 1st Infantry Division.

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 18 July 1988, the applicant enlisted in the Oregon Army National Guard (ORARNG).

3.  On 13 September 1988, he entered active duty for initial entry training.  On 16 December 1988 upon completion of his initial entry training, he was awarded military occupational specialty 11B (Infantryman) and he was honorably released from active duty to the control of the ORARNG.

4.  He served in the ORARNG until 2 January 1991 when he was honorably discharged for the purpose of immediate enlistment in the Regular Army.

5.  On 3 January 1991, he enlisted in the Regular Army and was assigned to Fort Riley, KS.  Upon arrival at Fort Riley, he was further assigned to Company D, 101st Military Intelligence Battalion, 1st Infantry Division.

6.  His name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center.  The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  The database shows he was deployed to SWA from 13 January 1991 through 3 May 1991, a period of 3 months and 20 days.

7.  His records contain a DA Form 2A (Personnel Qualification Record – Part I) prepared on 28 February 1992.  Section IV (Service Data), item 16 (Last Combat Tour/Date), contains the entry "Saudi Arabia A 9105."

8.  On 12 December 1994, he was discharged.

	a.  Item 12f (Foreign Service) of his DD Form 214 for the period ending 12 December 1994 does not show he performed any foreign service during the period covered.

	b.  Item 13 of his DD Form 214 for the period ending 12 December 1994 does not show he was awarded or authorized the SWA Service Medal (SWASM), Kuwait Liberation Medal issued by the Kingdom of Saudi Arabia (KLM-SA), or Kuwait Liberation Medal issued by the Government of Kuwait (KLM-KU).

	c.  Item 18 (Remarks) of his DD Form 214 for the period ending 12 December 1994 does not show he participated in any named operations or campaigns, specifically, Operations Desert Shield and Desert Storm.
	
   
   
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The SWASM 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 on the SWASM for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), Liberation and Defense of Kuwait (17 January to 11 April 1991), and SWA Cease-Fire (12 April 1991 to 30 November 1995) campaigns.

	b.  The 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 and 28 February 1991.

	c.  The 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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Table 2-1 provides that:

	a.  Item 12f is used to document the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) documents the decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

	c.  Item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, will include the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."



   
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 12 December 1994 to show his service in SWA during Operations Desert Shield and Desert Storm was carefully considered.

2.  The evidence of record shows he served in SWA from 13 January 1991 through 3 May 1991, a period of 3 months and 20 days of foreign service.  This service is not reflected on his DD Form 214 for the period ending 12 December 1994; therefore, it would be appropriate to amend item 12f to show he completed 3 months and 20 days of foreign service.

3.  It would also be appropriate to amend item 18 of his DD Form 214 for the period ending 12 December 1994 by adding the statement "SERVICE IN SOUTHWEST ASIA FROM 19910113-19910503."

4.  The applicant's foreign service was within the regulatory time frame for award of the SWASM, KLM-SA, and KLM-KU, all of which are not shown on his DD Form 214.  Additionally, he participated in three campaigns during his service in SWA.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 12 December 1994 to show award of the SWASM with three bronze service stars, KLM-SA, and KLM-KU.

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending item 12f of his DD Form 214 for the period ending 12 December 1994 to read "00  03  20,"

	b.  amending item 13 of his DD Form 214 for the period ending 12 December 1994 to add the following awards:

* SWASM with three bronze service stars
* KLM-SA
* KLM-KU

	c.  amending item 18 of his DD Form 214 for the period ending 12 December 1994 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19910113-19910503."




      __________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)                                         AR20100010470



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ABCMR Record of Proceedings (cont)                                         AR20130009860



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