IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130010347
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 period of foreign service during the Persian Gulf War.
2. The applicant states he needs the correction to show entitlement to Department of Veterans Affairs benefits.
3. The applicant provides two DD Forms 214 and a DD Form 215 (Correction to the DD Form 214).
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 11 June 1986 through 10 January 1990 and in the U.S. Army Reserve from 31 January 1991 through 6 April 1991.
3. The DD Form 214 ending 6 April 1991 and the accompanying DD Form 215 do not show any foreign service for this period. His DD Form 215 does show the applicant was called to active duty in support of Operation Desert Shield/Desert Storm.
4. A review of the Gulf War Deployment Roster shows the applicant served in Kuwait/Iraq from 1 March 1991 through 1 April 1991, 1 month and 2 days.
5. 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 1991.
6. Army Regulation 635-5 (Separation Documents) 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. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for:
a. item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214, and
b. item 18 (Remarks) is for HQDA mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14. For a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.
1) "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME)."
2) "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
3) "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
DISCUSSION AND CONCLUSIONS:
1. The applicant was called to active duty in support of Operation Desert Shield/Desert Storm and is shown to have served in country for 1 month and 2 days. This period of foreign service should have been entered at item 12f on the DD Form 214 for the period ending 6 April 1991. It is appropriate to correct this omission.
2. Additionally, to show his service during the Persian Gulf War, the applicant is authorized award of the Southwest Asia Service Medal with one bronze service star, and the Kuwait Liberation Medal - Kuwait. It is appropriate to add these awards to his 6 April 1991 DD Form 214.
3. As a deployed Reserve Soldier, Item 18 of the DD Form 214 requires three specific statements. The applicants DD Form 214 contains two of those statements; it should be corrected by adding the second statement:
* "SERVICE IN SAUDI ARABIA FROM 19910301-19910401"
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 showing on the 6 April 1991 DD Form 214 at:
a. item 12f 1 month and 2 days of foreign service;
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), that in addition to the awards listed on DD Form 214 and DD Form 215, that the applicant is also authorized the Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal - Kuwait, and the Kuwait Liberation Medal - Saudi Arabia; and
c. item 18 adding the entry, "SERVICE IN SAUDI ARABIA FROM 19910301-19910401."
_______ _ 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) AR20130010347
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ABCMR Record of Proceedings (cont) AR20130010347
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