IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130014693 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1995 to show:

* combat service  
* award of the Southwest Asia Service Medal with three bronze service stars
* award of the Kuwait Liberation Medal

2.  The applicant states she served in support of Operation Desert Shield/Desert Storm from 1 October 1990 through 21 April 1991.  Her status at the Department of Veterans Affairs (VA) is incorrect and she is being charged for treatment. 

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate, dated 31 July 1991
* 1st Cavalry Division Certificate of Desert Shield/Storm Participation

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 25 July 1979.  

3.  She was assigned to C Company, 27th Support Battalion, 1st Cavalry Division Support Command, Fort Hood, TX, on 11 April 1988.  

4.  On 1 October 1990, she deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm assigned to C Company, 27th Support Command.  On 21 April 1991, she departed Southwest Asia and returned to Fort Hood, TX, with her unit.

5.  On 30 June 1995, she retired.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows she was awarded:

* National Defense Service Medal
* Army Commendation Medal (2nd Award)
* Army Achievement Medal 
* Army Good Conduct Medal (5th Award)
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 2
* Army Service Ribbon 
* Overseas Service Ribbon (3rd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Driver and Mechanic Badge with Driver-W Bar

7.  Item 18 (Remarks) does not indicate she deployed Southwest Asia in support of Operation Desert Shield/Desert Storm.

8.  Review of the Persian Gulf War Roster contains the applicant's name and indicates she served in Southwest Asia from 1 October 1990 through 21 April 1991.




9.  Headquarters, Department of the Army General Orders (DAGO) 27, dated 
27 December 1994, show that at the time of the applicant's assignment to the 27th Support Battalion, 1st Cavalry Division Support Command, it was cited for award of the Meritorious Unit Commendation during the period 28 September 1990 through 21 April 1991.

10.  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, unit decorations, 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 Operation Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized with this award for each Southwest Asia campaign a member is credited with participating in.  Appendix B shows that during her service in Southwest Asia, the applicant participated in the following three campaigns:

* 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 (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 1991 and 28 February 1991.

	c.  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 1993.

11.  Army Regulation 635-5 (Personnel Separations - 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 the preparation of the DD Form 214.  It states for item 18 an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm during the period 1 October 1990 through 21 April 1991, which she participated in three campaigns in Southwest Asia.  Therefore, she is entitled to the Southwest Asia Service Medal with three bronze service stars.  Her DD Form 214 should be amended to add this award.

2.  Based on her service in support of Operation Desert Shield/Desert Storm she is also entitled to the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait. Her DD Form 214 should be amended to add these awards.

3.  Her unit in Southwest Asia was cited for award of the Meritorious Unit Commendation during her period of assignment.  Therefore, she is entitled to the Meritorious Unit Commendation.  Her DD Form 214 should be amended to add this award.

4.  She is also entitled to correction of his DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 - 19910421."  Her DD Form 214 should be amended to show this service. 

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 to item 13 of her DD Form 214 for the period ending 30 June 
1995 the:

* Southwest Asia Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait

	b.  adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 - 19910421."



      _______ _   _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)                                         AR20130014693





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ABCMR Record of Proceedings (cont)                                         AR20130014693



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