BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130018311 


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 the dates of his deployment in Southwest Asia in support of Operation Desert Shield/Desert Storm (ODS).

2.  The applicant states the Southwest Asia Service Medal (SWASM) was entered on his DD Form 214 but there is no indication of the dates for his deployment.  He further states that his Department of Veterans Affairs (VA) medical benefits have been suspended until his DD Form 214 is corrected to show these dates.

3.  The applicant provides copies of:

* DD Form 214
* Memorandum announcing his award of the SWASM, dated 1 July 1993 with copy of manifest

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 1 September 1988, the applicant enlisted in the Regular Army.  He completed his initial training as a helicopter repairer.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows in Item 5 (Overseas Service): that he served in the Republic of Korea (ROK) from 3 May 1989 to 3 February 1991 (1 year, 9 months, and 1 day) and was deployed to Southwest Asia via temporary duty orders for 8 days from 26 April to 3 May 1993.

4.  A Memorandum for the Commander, 101st Airborne Division, dated 1 July 1993 from the Adjutant, 160th Special Operations Aviation Regiment (SOAR) states that the personnel named on the attached listing had been awarded the SWASM for service in Southwest Asia from 26 April to 3 May 1993.  The applicant's name is shown on this list.

5.  A review of the Gulf War Roster shows the applicant was credited with serving in ODS with Company D, 2nd Battalion, 160th SOAR from 1 April to 31 May 1993 (2 months and 1 day).

6.  On 28 February 1995, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

7.  The applicant's DD Form 214:

	a.  lists his awards as:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal
* Army Achievement Medal (3 awards)
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Aircraft Crewman Badge
* Southwest Asia Service Medal with 1 bronze service star

	b.  shows his foreign service as 2 years, 7 months, and 10 days

8.  Army Regulation 600-8-22 (Military Awards):

	a.  states the SWASM is awarded to members of the Armed Forces of the United States who participated in ODS 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 included the Cease-Fire Campaign (12 April 1991 to 
30 November 1995).

	b.  states the KLM-K 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.

	c.  states 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 635-5 (Separation Documents) provided detailed instructions for completing separation documents, including the DD Form 214.  Beginning at or about the year 2000, it provided that Item 18 (Remarks) would contain deployment information as follows for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the dates of his deployment in Southwest Asia in support of ODS.

2.  The available evidence shows that the applicant served in Southwest Asia in support of ODS.  DFAS records show this service as about 2 months in length, which may be the period of time he received hostile fire pay.  The commander's memorandum clearly states the individuals on the roster served in Southwest Asia for 8 days from 26 April to 3 May 1993.  This is the most exacting and convincing document.  Therefore, the applicant's DD Form 214 should be corrected to reflect this 8 day deployment.

3.  The applicant served during a qualifying period for award of the KLM-K.  Therefore this award should be shown on his DD Form 214.
4.   The applicant also served a tour of duty in the ROK qualifying for award of the KDSM.  Therefore, this medal should be shown on his DD Form 214.

5.  In view of the above, the applicant's request should be granted.

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.  showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include:

* Kuwait Liberation Medal-Kuwait
* Korea Defense Service Medal

	b.  adding in Item 18 of his DD Form 214: "SERVICE IN SOUTHWEST ASIA FROM 19930426 - 19930503."




      _______ _   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)                                         AR20130018311





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ABCMR Record of Proceedings (cont)                                         AR20130018311



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