IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130017015
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 reflect his service in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm.
2. The applicant states the omission of the dates of his service in SWA on his DD Form 214 is keeping him from receiving proper medical attention.
3. The applicant provides a DD Form 214.
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 1 February 1982.
3. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base. The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993. This data base shows he served in SWA from 18 December 1990 to 15 May 1991.
4. He was honorably discharged on 6 February 1992. His DD Form 214 shows he was awarded or authorized the:
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal (3rd award)
* Overseas Service Ribbon with Numeral 1
* Noncommissioned Officer Professional Development Ribbon
* SWA Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Achievement Medal with 1st oak leaf cluster
* Army Commendation Medal
5. Block 18 (Remarks) of his DD Form 214 does not show his service in SWA.
6. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided standardized policy for preparation of the DD Form 214 and stated 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 block 18.
7. Army Regulation 600-8-22 (Military Awards) states:
a. A bronze service star is authorized for wear with the SWA Service 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 (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 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. The applicant's contention that his DD Form 214 should be corrected to show his service in SWA has been carefully considered.
2. The information contained in the DMDC data base, an official data base used to verify service in SWA during the relevant time frame, confirms he served in SWA from 18 December 1990 to 15 May 1991. This information should be used to correct block 18 of his DD Form 214 to show his dates of deployment to SWA.
3. He was awarded the SWA Service Medal with two bronze service stars. However, based on his service in SWA during the above mentioned period, he is authorized three bronze service stars for wear on his SWA Service Medal and correction of his DD Form 214 to reflect the additional bronze service star. Additionally, he is also authorized the KLM-SA and the KLM-K and 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:
a. deleting from his DD Form 214 the SWA Service Medal with two bronze service stars;
b. adding to his DD Form 214 the SWA Service Medal with three bronze service stars, the KLM-SA, and the KLM-K; and
c. adding to block 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901218-19910515."
_______ _ 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) AR20130017015
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ABCMR Record of Proceedings (cont) AR20130017015
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