IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130019192
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 his deployment during Operation Desert Shield/ Desert Storm (ODS) be displayed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was deployed with the 24th Infantry Division from August 1990 to March 1991.
3. The applicant provides copies of his DD Form 214 and a Leave and Earnings Statement showing he received imminent danger pay for January 1991 and for the previous month.
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 served in the Regular Army from 20 September 1989 to 29 September 1992. No ODS awards are shown on his DD Form 214. Item 12f (Foreign Service) of his DD Form 214 shows no foreign service.
3. The Defense Manpower Data Center 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.
4. The Gulf War Roster shows the applicant served in the theater from 1 October 1990 to 27 March 1991 (5 months and 27 days).
5. 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 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 Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and Liberation and Defense of Kuwait (17 January to 11 April 1991).
b. the Kuwait Liberation Medal (KLM) 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. the KLM 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) 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 available evidence shows that the applicant served in Southwest Asia in support of ODS from 1 October 1990 to 27 March 1991. Since non-military users of the DD Form 214 have come to expect deployments to be shown in item 18 of the DD Form 214, it might be helpful to the applicant and of no harm to the Army to add this information.
2. Item 12f of his DD Form 214 should be corrected to show his foreign service.
3. He qualified for the Southwest Asia Service Medal with 2 bronze service stars.
4. He earned the KLM-SA and the KLM-K.
5. 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 all Department of the Army records of the individual concerned be corrected by:
a. adding to his DD Form 214 the:
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Saudi-Arabia
* Kuwait Liberation Medal-Kuwait
b. showing in item 12f of his DD Form 214 that he had 5 months and 27 days of foreign service; and
c. adding in Item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 to - 19910327."
_______ _ _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) AR20130019149
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019192
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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