IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013093
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 24 February 1992, to show he was deployed to Southwest Asia in support of Operation Desert Shield/Storm from 1990 to 1991.
2. The applicant states his 1992 DD Form 214 is missing information regarding this deployment.
3. The applicant provides no additional evidence.
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 12 November 1986. He served in Saudi Arabia from 12 December 1990 through 23 May 1991.
3. He was discharged from active duty on 24 February 1992. His DD Form 214 lists in:
a. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - Army Service Ribbon, National Defense Service Medal, Army Good Conduct Medal, Southwest Asia Service Medal with two bronze service stars, one Overseas Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rile Bar (M-16)
b. Item 18 (Remarks) - does not show he served in Saudi Arabia during this period of service.
4. Army Regulation 635-5 (Separation Document), in effect at the time, governed the preparation of the DD Form 214. That regulation did not provide for listing service in name of country deployed and the inclusive dates. However, the current regulation states for an active duty Soldier deployed to a foreign country with his/her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.
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 who participated 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 Operation Desert Storm between 17 January 1991 and 28 February 1991.
c. The Kuwait Liberation Medal-Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates the applicant served in Southwest Asia during the Persian Gulf War from 19 December 1990 through 23 May 1991. Under current regulatory policy, he is entitled to correction of item 18 on his DD Form 214 to show this service.
2. The evidence also shows he served in a designated area during a qualifying time period to be authorized the Southwest Asia Service Medal and he participated in three campaigns. Therefore, he is entitled to award of one additional bronze service star for his already-awarded Southwest Asia Service Medal and correction of his DD Form 214 to show a total of three bronze service stars.
3. He also served a qualifying period of service for the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi Arabia and is entitled to correction of his DD Form 214 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:
* deleting from item 13 of the applicant's DD Form 214 the Southwest Asia Service Medal with two bronze service stars
* adding to his DD Form 214 the:
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia
* adding to item 18 of his DD Form 214 the entry, "Service in Southwest Asia from 12 December 1990 through 23 May 1991"
_______ _ 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) AR20130013093
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ABCMR Record of Proceedings (cont) AR20130013093
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