BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130013535 


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 service in Southwest Asia in support of Operations Desert Shield/Storm.

2.  The applicant states he served in Southwest Asia, but this service is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and page 2 of his 4-page DA Form 2-1 (Personnel Qualification Record – Part II).

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.  Having prior active enlisted service, the applicant enlisted in the Regular Army on 9 September 1980 and he held military occupational specialty 11C (Indirect Fire Infantryman).  He served through multiple reenlistments in a variety of stateside and overseas assignments and he attained the rank/grade of sergeant (SGT)/E-5.

3.  Headquarters, 101st Airborne Division, Fort Campbell, KY, Permanent Orders 151-24, dated 8 August 1986, awarded him the Army Commendation Medal for meritorious achievement from 20 May to 18 June 1986.

4.  Item 5 (Oversea Service) of his DA Form 2-1 lists his service in Saudi Arabia beginning on 31 December 1990.  It does not list his ending date.  Item 5 also lists credit for two overseas tours for Germany (20 April 1981 to 6 April 1984 and 7 November 1986 to 8 December 1989).

5.  His name is shown on the Gulf War Roster as having served in Southwest Asia from 31 December 1990 to 10 May 1991.

6.  He was honorably discharged by reason of physical disability with entitlement to severance pay on 20 December 1991.  His DD Form 214 shows in:

* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Good Conduct Medal (3rd Award)
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Driver Badge
* Southwest Asia Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

* Item 18 (Remarks) – no deployed service

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, 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 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 with this medal for participation in each credited campaign.  Approved campaigns are:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991-30 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.

	d.  The Overseas Service Ribbon may be awarded to personnel who were credited with normal overseas tour completion.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter 2 states that for an active duty Soldier deployed with his or 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 lists his service in Southwest Asia beginning on 31 December 1990 but does not list the ending date.  His name is shown on the Gulf War Roster as having served in Southwest Asia from 31 December 1990 to 10 May 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this period of service.

2.  Based on his service in Southwest Asia he served during a qualifying period for award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).  Additionally, he participated in three campaigns during this period of service that entitles him to three instead of two bronze service stars for wear on the Southwest Asia Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Permanent orders awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant was credited with two overseas service tours.  Therefore, he is entitled to two awards of the Overseas Service Ribbon and correction of his DD Form 214 as such.

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 amending his DD Form 214 for the period ending 20 September 1991 as follows:

* deleting the Overseas Service Ribbon and Southwest Asia Service Medal with two bronze service stars from item 13
* adding the Army Commendation Medal, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Overseas Service Ribbon (2nd Award) to item 13
* 
adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901231-19910510" to item 18



      __________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)                                         AR20130013535



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ABCMR Record of Proceedings (cont)                                         AR20130013535



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