BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018303
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 show his active wartime overseas service and to show awards to which he is entitled for his overseas service.
2. He states:
a. he was stationed at Fort Devens, MA and his unit sent all those Soldiers in pay grade E-4 and below overseas in support of Operation Desert Storm from November 1990 to April 1991.
b. he believes this information was omitted from his DD Form 214 because he was separated from his permanent duty station and attached to the 24th Infantry Division at Fort Benning, GA while he was overseas participating in Operation Desert Storm.
3. He provides his 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 28 April 1989.
3. His DA Form 2-1 (Personnel Qualification Record) does not show that he served in Southwest Asia in support of Operation Desert Storm or list any awards for service in Southwest Asia.
4. He was honorably released from active duty on 30 August 1992. His DD Form 214 shows in:
a. item 12f (Foreign Service) no foreign service;
b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) no awards for service in Southwest Asia in support of Operation Desert Storm; and
c. item 18 (Remarks) no entry to reflect any service in Southwest Asia.
5. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. This database shows the applicant served overseas during Operation Desert Shield/Desert Storm from 25 January to
31 July 1991.
6. Army Regulation 600-8-22 (Military Awards) states the:
a. Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia 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)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)
b. 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. Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.
7. Army Regulation 635-5 (Separation Documents) at the time established the policies and procedures for completion and distribution of the DD Form 214. Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.
DISCUSSION AND CONCLUSIONS:
1. The DMDC shows the applicant deployed in support of Operation Desert Shield/Desert Storm from 25 January to 31 July 1991. Therefore, his DD Form 214 should be amended to reflect 6 months and 7 days of foreign service in item 12f and amended to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19910125 TO 19910731" to item 18.
2. Based on his service in Southwest Asia, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars, the KLM-SA, and the KLM-KU. Therefore, his DD Form 214 should be corrected 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 the DD Form 214 of the individual concerned be corrected by:
a. deleting the entry "00 00 00" from item 12f and replacing it with the entry "00 06 07";
b. amending item 13 to add award of the Southwest Asia Service Medal with two bronze service stars, KLM-SA, and KLM-KU; and
c. amending item 18 to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19910125 TO 19910731."
_______ _ 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.
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