IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017710
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) to reflect her service in Southwest Asia (SWA) during Operation Desert Storm.
2. The applicant states she is applying to be seen at a Department of Veterans Affairs clinic.
3. The applicant provides a DD Form 214 and temporary duty orders.
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 9 August 1979.
3. Item 27 (Remarks) of her DA Form 2-1 (Personnel Qualification Record) shows she served in an imminent danger pay area (SWA) from 17 February to
5 May 1991. Item 5 (Oversea Service) shows she served in Korea from 26 May 1993 to 12 June 1994.
4. She was retired on 31 August 1994. Her DD Form 214 shows she was awarded or authorized the:
* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal (3rd oak leaf cluster)
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Good Conduct Medal (4th award)
* Overseas Service Ribbon with Numeral 2
5. Block 18 (Remarks) of her DD Form 214 does not show deployment data.
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. The SWA Service Medal is awarded to members of the Armed Forces of the United States serving in SWA and contiguous waters or airspace there over, 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 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.
d. The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to show her service in SWA has been carefully considered.
2. Her DA Form 2-1 shows she served in SWA from 17 February to 5 May 1991. Therefore, block 18 of her DD Form 214 should be amended to show her deployment dates to SWA.
3. Based on her service in SWA, she is authorized the SWA Service Medal with two bronze service stars, the KLM-SA, and the KLM-K. Additionally, based on her service in Korea, she is also authorized the KDSM. These awards should be added to her DD Form 214.
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 her DD Form 214 the SWA Service Medal with two bronze service stars, the KLM-SA, KLM-K, and the KDSM; and
b. adding to block 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910217-19910505."
_______ _ 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) AR20130017710
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017710
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130018315
IN THE CASE OF: BOARD DATE: 3 June 2014 DOCKET NUMBER: AR20130018315 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal (KLM), and the Korea Defense Service Medal (KDSM). Army Regulation 600-8-22 (Military Awards) states: a.
ARMY | BCMR | CY2014 | 20140015336
IN THE CASE OF: BOARD DATE: 21 April 2015 DOCKET NUMBER: AR20140015336 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. A review of the applicants deployment orders and the records of the members of his crew show that all of the members were awarded the Southwest Asia Service Medal (SWASM) and Kuwait Liberation Medal for their deployment to SWA during the same period. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members...
ARMY | BCMR | CY2011 | 20110006153
The applicant states he participated in the Gulf War; however, his DD Form 214 makes no reference to that service. 9 Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * adding the KDSM, SWASM with two...
ARMY | BCMR | CY2014 | 20140008743
The applicant requests the addition of the Southwest Asia Service Medal (SWASM) with three bronze service stars, Kuwait Liberation Medal Kuwait (KLM-K), and the Kuwait Liberation Medal Saudi Arabia (KLM-SA) to his DD Form 214 (Certificate of Release or Discharge from Active Duty). His DD Form 214 issued at the time of his discharge shows no indication of his deployment and shows he was awarded the Army Service Ribbon and the National Defense Service Medal. It provides that it is...
ARMY | BCMR | CY2014 | 20140010132
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Southwest Asia Service Medal (SWASM), Army Service Ribbon (ASR), Armed Forces Expeditionary Medal (AFEM), and Korea Defense Service Medal (KDSM). The regulation provided that for: * item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record * item 18 for an active...
ARMY | BCMR | CY2012 | 20120008059
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Korea Defense Service Medal (KDSM) and the Cold War Recognition Certificate. Based on this information, the applicants request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting...
ARMY | BCMR | CY2013 | 20130017015
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. The applicant provides a DD Form 214. Army Regulation 600-8-22 (Military Awards) states: a.
ARMY | BCMR | CY2009 | 20090005353
BOARD DATE: 3 September 2009 DOCKET NUMBER: AR20090005353 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a copy of his DD Form 214 in support of his application. Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.
ARMY | BCMR | CY2005 | 20050001476C070206
The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Good Conduct Medal, the Army Achievement Medal with First Oak Leaf Cluster, and the Kuwait Liberation Medal. The evidence of record shows the applicant was awarded a second award of the Army Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Army...
ARMY | BCMR | CY2005 | 20050001476C070206
The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Good Conduct Medal, the Army Achievement Medal with First Oak Leaf Cluster, and the Kuwait Liberation Medal. The evidence of record shows the applicant was awarded a second award of the Army Achievement Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Army...