BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130018197
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 is authorized the Southwest Asia Service Medal.
2. The applicant states:
* He was deployed to Saudi Arabia on or about 6 August 1990
* He was in Saudi Arabia for approximately 1 month
* He returned to Fort Bragg, NC and he was discharged on 1 November 1990
* The Southwest Asia Service Medal was authorized by the President, after his discharge
* Based on his service in Saudi Arabia during Desert Shield/Storm the Southwest Asia Service Medal should be added to his record
* He recently learned of the medal this year while he was speaking with a Department of Veterans Affairs (VA) representative at the VA hospital
3. The applicant provides no additional evidence.
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. After having had prior service, the applicant enlisted in the Regular Army (RA) on 5 July 1989.
3. The Gulf War Deployment Roaster shows the applicant's deployment dates as 1 August 1990 through 30 September 1990.
4. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he was awarded or authorized the:
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Canadian Parachute Wings
* Parachutist Badge
* Noncommissioned Officers Professional Development Ribbon
* Army Achievement Medal
* Army Good Conduct Medal
* Army Lapel Button
5. Army Regulation 600-8-22 (Military Awards) states:
a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area 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 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.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states 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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in Item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. He is authorized the Southwest Asia Service Medal with one bronze service star and the KLM-K based on his service in Saudi Arabia. His DD Form 214 should be amended to show these awards.
2. The available evidence shows the applicant served in the Gulf War from 1 August 1990 through 30 September 1990. In accordance with the applicable regulation, his DD Form 214 should be amended to show his dates of deployment in Saudi Arabia.
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 amending his DD Form 214 dated 1 November 1990 to add:
a. the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal, and
b. In item 18 "SERVICE IN Southwest Asia FROM 19900801-19900930."
_________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) AR20130018197
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ABCMR Record of Proceedings (cont) AR20130018197
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