IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019624 


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) for the period ending 13 June 1991 to show award of the Kuwait Liberation Medal and all other awards she may be entitled to.

2.  The applicant states she served in Desert Shield/Storm and the medal is not listed on her DD Form 214.

3.  The applicant provides a copy of her 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 4 September 1984.  She completed training and was awarded military occupational specialty 31K (Combat Signaler).  On 19 October 1987, she was honorably released from active duty at the expiration of her term of service and transferred to a U.S. Army Reserve (USAR) unit in Ohio.  The DD Form 214 she was issued shows she was awarded the:

* Army Service Ribbon
* Overseas Service Ribbon
* Army Achievement Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal (1st Award)

3.  Her DD Form 215 (Correction to DD Form 214), dated 29 September 2009, shows she entered active duty as a member of the USAR on 17 November 1990.  She served honorably until she was released from active duty due to the expiration of her term of service on 13 June 1991, a period of 6 months and       28 days.  Her DD Form 214 contains the following:

* Item 12b (Separation Date This Period):  "91 06 13"
* Item 12c (Net Active Service This Period):  "00 06 23"
* Item 12f (Foreign Service):  "00 04 19"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  "National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Army Achievement Medal, Good Conduct Medal, Army Commendation Medal"
* Item 18 (Remarks):  "Service in Southwest Asia 910107 to 910525"

4.  Army Regulation 600-8-22 (Military Awards) states 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)

5.  Army Regulation 600-8-22 states the Kuwait Liberation Medal - Saudi Arabia awarded by the Kingdom of Saudi Arabia 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.  Additionally, this regulation also states the Kuwait Liberation Medal - Kuwait 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.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In established standardized policy for the preparation of the DD Form 214.  It stated, in part, that for item 12c enter the total amount of net active service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 13 June 1991 was corrected by a DD Form 215 on 29 September 2009 to show she entered active duty this period on 17 November 1990 instead of 1991; however, her net active service for this period was not corrected.  Therefore, she is entitled to correction of item 12c of this DD Form 214 to show she completed 6 months and 27 days of net active service for this period. 

2.  Based on her service in Southwest Asia from 7 January to 25 May 1991 she participated in three campaigns while serving in Southwest Asia.  Therefore, she is entitled to correction of her DD Form 214 to show award of the Southwest Asia Service Medal with three bronze service stars.

3.  The evidence shows she served a qualifying period of time in a designated location to qualify for award of both the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, she is entitled to have her DD Form 214 corrected to show these foreign 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.  deleting the entry in item 12c of her DD Form 214 for the period ending   13 June 1991;

   b.  adding the entry "00 06 27" to item 12c of her DD Form 214 for the period ending 13 June 1991; and
   
   c.  adding the Southwest Asia Service Medal with three bronze service stars,  Kuwait Liberation Medal – Saudi Arabia and Kuwait Liberation Medal – Kuwait to item 13 of her DD Form 214 for the period ending 13 June 1991. 



      _______ _   _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)                                         AR20130019624



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ABCMR Record of Proceedings (cont)                                         AR20130019624



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