IN THE CASE OF:	   

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130015638 


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 records to show he served in Saudi Arabia during the Persian Gulf War.

2.  The applicant states he served in Saudi Arabia from January - February 1991. His DD Form 214 (Certificate of Release or Discharge from Active Duty) states he would receive a DD Form 215 (Correction to the DD From 214) to provide missing information.  The DD Form 215 he received does not include any indication of his deployment to Saudi Arabia.

3.  The applicant provides no supporting documentation.

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 was inducted on 9 November 1967, served on active duty for 2 years and was released to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His awards are shown as the Parachutist Badge and the National Defense Service Medal.

3.  The applicant remained in an active USAR status until, as a USAR sergeant first class, he was called to active duty on 12 December 1990 in support of Operation Desert Shield. 

3.  A review of his pay records show he receive hostile fire pay for service in Saudi Arabia from 1 January 1991 through 24 February 1991.

4.  A review of the Persian Gulf War Roster located the applicant's name confirming he was deployed to Saudi Arabia during Operation Desert Shield/
Desert Storm.

5.  The applicant was released from active duty on 20 December 1991.  His DD Form 214 shows 1 month and 25 days of foreign service and his awards are listed as Army Service Ribbon, National Defense Service Medal, Army Lapel Button, the Southwest Asia Service Medal with two bronze service stars, Parachutist Badge, Army Commendation Medal, Army Reserve Components Achievement Medal (4th award), and the Overseas Service Ribbon.

6.  A DD Form 215, issued 13 May 1994, corrected the applicant's date of entry onto active duty, his period of service, and the number of days of leave he was paid.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:

   a.  block 18 (Remarks) is to be used for Headquarters Department of the Army mandatory entry requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14;
     
   b.  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." 
     
8.  Army Regulation 600-8-22 (Military Awards) provides the following:

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  To signify receipt of a second or subsequent award of the National Defense Service Medal, a bronze service star will be worn on the service ribbon by U.S. Army personnel so qualified.  
   
   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.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's service during the Persian Gulf War, the regulations did not require inclusion of any specific entry denoting the country a Soldier was deployed to.  With changes in post-service benefits and requirements, regulations changed to include such a reference.  It is appropriate to correct the applicant's records to include the revised mandatory entries by adding to his DD Form 214 the following at block 18:

	a.  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM."

   b.  "SERVICE IN SAUDI ARABIA FROM 19910101 THRU 19910224." 
   
   c.  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS." 

2.  The applicant was released from active duty prior to the dates the Kuwait Liberation Medal (Kuwait) and the Kuwait Liberation Medal (Saudi Arabia) were approved but within the retroactive authorized period for their award.  Therefore, it is appropriate to show the applicant is authorized these awards by adding them to his DD Form 214.

3.  The applicant served during two periods for which the National Defense Service Medal is authorized.  His DD Form 214 shows only a single award of this medal.  It is appropriate to correct his record to reflect the entitlement to the second award of this medal.

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 following entries to block 18 on the applicant's 20 December 1991 DD Form 214:

      (1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM."

      (2)  "SERVICE IN KUWAIT/SAUDI ARABIA FROM 19910101 THRU 19910224." 

      (3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."
   
   b.  deleting the award of the National Defense Service Medal from his 20 December 1991 DD Form 214; and
   
	c.  showing that, in addition to the awards shown on his 20 December 1991 DD Form 214, he is also authorized the - 

* National Defense Service Medal with one bronze service star
* Kuwait Liberation Medal (Kuwait) 
* Kuwait Liberation Medal (Saudi Arabia)



      ____________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)                                         AR20130015638



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ABCMR Record of Proceedings (cont)                                         AR20130015638



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