BOARD DATE:	  11 February 2014

		DOCKET NUMBER:  AR20130010026 


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 Kuwait as a member of the Joint Task Force - Kuwait for the period 4 August through 
6 October 1992.

2.  The applicant states he needs his foreign service added to his DD Form 214 for the Department of Veterans Affairs.

3.  The applicant provides copies of his DD Form 214, DA Form 638-1 (Recommendation for Award (for Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal, and Meritorious Service Medal), AAM Certificate, and the Joint Task Force - Kuwait "Guardian of Freedom" Certificate.

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 Regular Army on 29 September 1987.  

3.  The applicant was honorably discharged from active duty on 28 September 1995 after completing 8 years of active service.  His DD Form 214 shows he was awarded or authorized:

* AAM (3rd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar

4.  Item 12f (Foreign Service) shows he completed 3 years, 8 months, and 
9 days of foreign service.

5.  The applicant's DD Form 214 does not show he served in Kuwait or that he received a campaign medal for deployment to Kuwait in item 18 (Remarks). 

6.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed his Master Military Pay Account which shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for Kuwait from 12 August through 30 October 1992. 

7.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater.  The database shows he was deployed to Southwest Asia from 1 August through 31 October 1992.

8.  The applicant provides a copy of an AAM certificate awarded for meritorious service in support of the Joint Task Force - Kuwait for the period 4 August through 6 October 1992, and a Joint Task Force - Kuwait certificate appointing him as a "Guardian of Freedom" on 4 October 1992.

9.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that 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.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in part, that for:
	
   a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Each entry will be verified by the Soldier's records.  Do not use abbreviations.
	
   b.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  
  
10.  Army Regulation 600-8-22 states 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)

11.  Army Regulation 600-8-22 the Kuwait Liberation Medal - Kuwait 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 applicant's contention that his DD Form 214 should be corrected to show his foreign service in Kuwait from 4 August through 6 October 1992 has been carefully examined.

2.  The applicant's name appears in the Desert Shield/Storm Database compiled by the DMDC.  The database shows he was deployed to Southwest Asia from 1 August through 31 October 1992.  In addition, DFAS records indicate the applicant was deployed to Kuwait from 12 August through 30 October 1992.  While it is difficult to pin down the exact dates the applicant served in Kuwait, there is sufficient evidence to support his contention that he served in Kuwait for the period he requests.  Therefore, he is entitled to have his DD Form 214 corrected to show his foreign service in Kuwait for the period 4 August through 
6 October 1992.  

3.  Based on the applicant's accepted dates of service in Kuwait he is qualified for award of the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to have his 
DD Form 214 corrected to show these 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.  adding the following entry to item 13 of his DD Form 214 "SOUTHWEST ASIA SERVICE MEDAL WITH BRONZE SERVICE STAR//KUWAIT LIBERATION MEDAL-KUWAIT//"; and

   b.  adding the following entry in item 18 of his DD Form 214 "SERVICE IN KUWAIT FROM 19920804 - 19921006."



      _______ _  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)                                         AR20130010026



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ABCMR Record of Proceedings (cont)                                         AR20130010026



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