IN THE CASE OF: 

		BOARD DATE: 2 July 2014

		DOCKET NUMBER:  AR20130020064


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 Kuwait Liberation Medal and the Southwest Asia Service Medal.  

2.  The applicant states he served in Southwest Asia from 14 October 1990 to 30 March 1991 with the 37th Engineer Battalion, 20th Engineer Brigade.  He received the medals but does not have any orders.  He needs this to enter into the Persian Gulf Conflict Veterans Program.  The dates he served in Southwest Asia are on his DD Form 214, but the awards are not listed. 

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records 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 15 September 1989.  He held military occupational specialty (MOS) 92G (Food Service` Specialist).  

3.  His name is listed on the Gulf War Roster showing he served in Saudi Arabia/Kuwait from 1 September 1990 to 29 March 1991 (6 months and 29 days). 

4.  His DA Form 2-1 (Personnel Qualification Record Part II) shows in:

	a.  item 5 (Oversea Service): 17 January 1997 through 16 January 1998 (1 year) Korea;

	b.  item 9 (Awards, Decorations and Campaigns ) the:

* Army Service Ribbon
* Parachutist Badge
* National Defense Service Medal
* Army Achievement Medal (4 Awards)
* Noncommissioned Officer Professional Development Ribbon 
* Army Good Conduct Medal (2 Awards)
* Army Commendation Medal
* Driver's Badge (T)
* Expert Marksmanship Qualification Badge with Rifle Bar
* First Class Marksmanship Qualification Badge with Grenade Bar

5.  The applicant was honorably discharged on 25 July 2002 in the rank of staff sergeant/pay grade E-6.  He had completed 12 years, 10 months, and 11 days of net active duty service.

6.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service):  "0001 04 08" (indicating 1 year, 4 months, and 8 days);

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Lapel Button
* Army Commendation Medal
* Army Achievement Medal (6 Awards)
* Army Good Conduct Medal (2 Awards)
* National Defense Service Medal (2 Awards)
* Noncommissioned Officer Professional Development Ribbon with numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* First Class Marksmanship Qualification Badge with Grenade Bar

	c.  Item 18 (Remarks):  "SERVICE IN SOUTHWEST ASIA 19901014-19910330."

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Korea Defense Service Medal 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 Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  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 include the:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)

	c.  The Kuwait Liberation Medal (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and it is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

	d.  The Kuwait Liberation Medal (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and it 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.




DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the Korea Defense Service Medal, the Southwest Asia Service Medal with 2 bronze service stars, the KLM-SA, and the KLM-KU.  

2.  His DA Form 2-1 shows he was awarded the First Class Marksmanship Qualification Badge with Grenade Bar.

3.  His DD Form 214 should be corrected to show these awards. 

4.  Although he indicated he served in Southwest Asia from 14 October 1990 to 30 March 1991, the official Gulf War Roster shows he served from 1 September 1990 to 29 March 1991 for a period of 6 months and 29 days.  Therefore, his DD Form 214 should be corrected accordingly.

BOARD VOTE:

____X___  ___X____  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 current entry in item 12f of his DD Form 214 and replacing it with "0001 06 29" to show 1 year, 6 months, and 29 days of cumulative foreign service;

	b.  adding to item 13 of his DD Form 214 the:

* Korea Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal – Kuwait
* First Class Marksmanship Qualification Barge with Grenade Bar
	c.  deleting the entry in item 18 of his DD Form 214 that states "SERVICE IN SOUTHWEST ASIA 19901014-19910330" and replacing it with "SERVICE IN SOUTHWEST ASIA 19900901-19910329."



      _______ _   _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)                                         AR20110005669



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ABCMR Record of Proceedings (cont)                                         AR20130020064



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