BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130016516 


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, in effect, his orders for deployment to Southwest Asia for Operation Desert Shield/Desert Storm be added to his Army Military Human Resource Record (AMHRR).  This request is presumed to also be a request for the awards he is authorized for his Southwest Asia service.

2.  The applicant states his deployment orders were never added to his AMHRR. 

3.  The applicant provides a memorandum, dated 6 March 1991, from Headquarters, 1st Infantry Division (Forward) for Commander, 2nd Battalion, 
5th Field Artillery. 

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.  On 20 September 1988, he enlisted in the Regular Army (RA).  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).

3.  The applicant provided a memorandum, dated 6 March 1991, from Headquarters, 1st Infantry Division (Forward) for Commander, 2nd Battalion, 
5th Field Artillery, subject:  Deployment Dates to Southwest Asia.  

	a.  This memorandum served as official documentation that the Soldiers listed on an attached list were deployed to Southwest Asia in support of Operation Desert Shield/Storm for the period indicated.

	b.  The applicant's name is listed on the attached list and his departure date is shown as 4 December 1990 and his return date is shown as 7 February 1991.

4.  On 19 September 1992, he was released from active duty.

5.  On 23 May 1995, he enlisted in the RA for 3 years.  He reenlisted on 28 May 1997 and 17 June 1999.

6.  On 26 April 2001, an informal Physical Evaluation Board found him physically unfit and recommended a disability rating of 10 percent and that he be separated with severance pay if otherwise qualified.

7.  On 12 June 2001, he was discharged with disability severance pay.  His 
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 June 2001 does not show any awards he would have earned based on his service in Southwest Asia.

8.  U.S. Army Human Resources Command (HRC) provides a list showing the documents required for filing in the integrated Personnel Electronic Records Management System (iPERMS).  According to this list, miscellaneous service documents are to be filed in a Soldier's Service folder.

9.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR.  The AMHRR is archived in iPERMS which has been identified as a Records Management Application for the Army.



10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns include:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 

	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 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.

DISCUSSION AND CONCLUSIONS:

1.  According to an HRC list, miscellaneous service documents are to be filed in a Soldier's Service folder.

2.  The memorandum, dated 6 March 1991, from Headquarters, 1st Infantry Division (Forward) for Commander, 2nd Battalion, 5th Field Artillery, subject:  Deployment Dates to Southwest Asia provides evidence of the applicant's deployment to Operation Desert Shield/Desert Storm that is not otherwise shown in his AMHRR.  Therefore, it would be appropriate to file this memorandum as a miscellaneous service document in his Service folder in iPERMS.

3.  Based on the deployment dates for Operation Desert Shield/Storm shown in the memorandum provided by the applicant he is authorized the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait


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.  Filing the memorandum, dated 6 March 1991, from Headquarters, 
1st Infantry Division (Forward) for Commander, 2nd Battalion, 5th Field Artillery, subject:  Deployment Dates to Southwest Asia in the applicant's Service folder in iPERMS.

	b.  Amending his DD Form 214 with a separation date of 12 June 2001 by adding the following awards:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait



      _______ _   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)                                         AR20130016516



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ABCMR Record of Proceedings (cont)                                         AR20130016516



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