IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130021370
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 foreign service in the Persian Gulf and the awards he earned because of this service.
2. The applicant states he believes his DD Form 214 was not completed correctly because when he returned from Southwest Asia (SWA) on 8 April 1991 he immediately started clearing to be released from active duty.
3. The applicant provides his DD Form 214 and DA Form 4187 (Personnel Action).
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 29 November 1988 for a period of 2 years. He was assigned to the 2nd Battalion, 17th Field Artillery, Fort Sill, OK, on 4 August 1989.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 18 October 1990 to 8 April 1991.
4. The applicant provides a DA Form 4187, dated 9 May 1991, wherein his immediate commander recommended his (the applicant's) expiration term of service (ETS) be changed from 3 April 1991 to 10 May 1991 for the purpose of taking ordinary leave. His commander stated he had returned from SWA on 8 April 1991.
5. He was honorably released from active duty on 10 May 1991 and he was transferred to the Ohio Army National Guard.
6. Item 12f (Foreign Service) of his DD Form 214 shows he had 5 months and 21 days of foreign service.
7. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Army Good Conduct Medal (1st Award)
8. Item 18 (Remarks) of his DD Form 214 does not contain an entry that shows his service in Southwest Asia.
9. 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 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. A review of his record shows he participated in two campaigns during his service in SWA.
b. 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.
c. 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.
10. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, stated for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service enter in item 18 of the DD Form 214 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in SWA from 18 October 1990 to 8 April 1991; therefore, he is entitled to correction of his DD Form 214 to show his foreign service and the dates of his service in SWA.
2. He participated in two campaigns during his service in SWA and served during a qualifying period for entitlement to the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait. 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 amending his DD Form 214 as follows:
* adding to item 13 the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait
* adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901018-19910408"
_______ _ ___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) AR20130021370
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021370
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001060868C070421
His DD Form 214 reflects that he received the following awards for his service in Southwest Asia: the Southwest Asia Service Medal with 3 bronze service stars, the Kuwait Liberation Medal (KLM-Saudi Arabia) awarded by the Kingdom of Saudi Arabia. The entry “Kuwait Liberation Medal” currently reflected on the applicant’s DD Form 214 is the award given by the Kingdom of Saudi Arabia, as the KLM-Kuwait was not approved until 9 November 1995, several years after the applicant’s DD Form 214 was...
ARMY | BCMR | CY2002 | 2002078246C070215
The applicant's DD Form 214 does not show any Southwest Asia medals as authorized awards. His DD Form 214 does not show any dates of service in Southwest Asia. Based on the foregoing, the Board determined that the applicant is entitled to award of the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, the Kuwait Liberation Medal awarded by the Government of Kuwait and correction of his DD Form 214 to show that...
ARMY | BCMR | CY2011 | 20110022624
The applicant's DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Oversea Service): * Korea from 28 June 1989 through 25 June 1990 * Saudi Arabia from 24 August 1990 (no entry for a "Thru" date) b. item 35 (Record of Assignments): 47th Field Hospital, Fort Sill, Oklahoma, effective 30 July 1990. A calculation of the applicant's two periods of foreign service shows: 1991 04 05 date of redeployment - 1990 08 26 date of deployment to SWA = 00 07 09 + 1 day inclusive = 00 07 10...
ARMY | BCMR | CY2003 | 2003083774C070212
The applicant's DD Form 214 does not show his dates of service in Southwest Asia. His DD Form 214 does not show the Southwest Asia Service Medal as an authorized award. Therefore, the applicant's DD Form 214 should be corrected to show these awards.
ARMY | BCMR | CY2014 | 20140005029
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Southwest Asia Service Medal (SWASM) and any awards and decorations to which he may be entitled for his service in SWA. Therefore, his DD Form 214 should be corrected to show these awards. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in SWA.
ARMY | BCMR | CY2012 | 20120017714
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia (SWA) during Operation Desert Shield/Storm (ODS) and all of his authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12, block f of his DD Form 214...
ARMY | BCMR | CY2010 | 20100014048
The applicant requests reconsideration of his previously denied request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of deployment to the Persian Gulf [Southwest Asia] and the receipt of any awards or decorations to which he is entitled as a result of this service in the country of Iraq while assigned to Battery B, 3rd Battalion, 8th Field Artillery Regiment, XVIII Airborne Corps. Army Regulation 600-8-22, in pertinent part,...
ARMY | BCMR | CY2010 | 20100019941
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 June 1991 to show he served in Southwest Asia (SWA) from 18 October 1990 to 19 May 1991. Army Regulation 600-8-22 (Military Awards) shows the following awards were authorized for SWA service during the applicant's period of service in SWA: a. The beginning date of his deployment, 18 October 1991, in the entry for his service in SWA in Item 18 is clearly in...
ARMY | BCMR | CY2011 | 20110015765
It would also be appropriate to correct item 18 of her DD Form 214 to show she served in SWA from 19 August 1990 through 2 February 1991. The evidence of record shows the applicant qualified for award of: a. the Southwest Asia Service Medal and that she served in two campaigns during her service in SWA. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 12f of her DD Form 214 the entry "02 11 20" and...
ARMY | BCMR | CY2009 | 20090012819
Records also show that this period of foreign service is recorded in item 12 (block f) of his DD Form 214. Therefore, it would be appropriate to correct: a. item 12 (block f) of the applicant's DD Form 214 to show this total foreign service; and b. item 18 to show he served in Southwest Asia from 9 January through 20 May 1991. 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 12,...