IN THE CASE OF:	  

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20130022370 


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 support of Operations Desert Shield/Desert Storm, and to show he was awarded the Kuwait Liberation Medal.

2.  The applicant states his entire service was with Battery C, 3d Battalion, 41st Field Artillery Regiment, 24th Infantry Division, and he was in theater during Operations Desert Shield/Desert Storm.  He was presented the Kuwait Liberation Medal; however, it is not shown on his DD Form 214.  He was told that individual orders were not issued, but recent research has shown this to be untrue.

3.  The applicant provides his 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 6 March 1990.  He was assigned to Battery C, 3d Battalion, 41st Field Artillery Regiment, 24th Infantry Division, effective 14 June 1990.

3.  His DA Form 2A (Personnel Qualification Record – Part I) shows his last combat tour location as Saudi Arabia, and his Date Returned from Overseas/Date Eligible for Return from Overseas (DROS/DEROS) is shown as 6 April 1991.

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show any foreign service credit.  Item 9 (Awards, Decorations, and Campaigns) of this form shows he was awarded the Kuwait Liberation Medal.

5.  The Gulf War Roster shows he served in the Persian Gulf Theater of operations from 1 August 1990 through 15 March 1991, a period of 7 months and 15 days, and included participation in two campaigns.

6.  He was released from active duty on 18 June 1993.  He completed 3 years, 3 months, and 13 days of active service during this period.  

	a.  Item 12f (Foreign Service) of his DD Form 214 does not show he completed any foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

	c.  Item 18 (Remarks) of his DD Form 214 does not show any deployed service.

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

	a.  The Southwest Asia Service Medal (SWASM) was awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over 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.

	b.  The Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia (KLM-SA), was approved on 3 January 1992 and was 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 Kuwait Liberation Medal, awarded by the Government of Kuwait  (KLM-KU), was approved on 9 November 1995 and was 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.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  For item 12f, enter the total amount of foreign service completed during the period covered.

	b.  For item 13, enter authorized awards for all periods of service.

	c.  For item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Saudi Arabia in support of Operations Desert Shield/Desert Storm from 1 August 1990 through 15 March 1991, a period of 7 months and 15 days.  

2.  His foreign service is not reflected on his DD Form 214; therefore, item 12f of his DD Form 214 should be corrected to show he completed 7 months and 15 days of foreign service.  Item 18 of his DD Form 214 should be corrected to show the entry, "SERVICE IN SAUDI ARABIA FROM 19900801-19910315."

3.  His service in Saudi Arabia in support of Operations Desert Shield/Desert Storm qualifies him for award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-KU.  These service awards are not listed on his DD Form 214; 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 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 amending his DD Form 214 as follows:

   a. amend item 12f to add the entry "0000 07  15" to show he served 7 months and 15 days of foreign service;

b. amend item 13 to add the following awards and decorations:

* SWASM with two bronze service stars
* KLM-SA
* KLM-KU

   c. amend item 18 to add the entry "SERVICE IN SAUDI ARABIA FROM 19900801-19910315."



      ____________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)                                         AR20130022370



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ABCMR Record of Proceedings (cont)                                         AR20130022370



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