IN THE CASE OF:	  

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20140000281 


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) for the period ending 18 September 1992 to show his deployment in Southwest Asia (SWA).

2.  The applicant states his dates of service in the Persian Gulf should be shown on his DD Form 214.

3.  The applicant provides:

* DA Form 2-1 (Personnel Qualification Record – Part II)
* DD Form 214 for the period ending 18 September 1992

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 27 August 1975 and remained on active duty through continuous reenlistments.  He trained served as a combat engineer.

3.  His DA Form 2-1 shows he served in SWA from 5 December 1990 through 27 April 1991.

4.  On 18 September 1992, he was honorably discharged.

5.  His DD Form 214 for the period ending 18 September 1992 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Hand Grenade Bar 
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 3 indicating (3rd Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 3 (indicating completion of the Advanced NCO Course)
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal
* SWA Service Medal (SWASM)
* Kuwait Liberation Medal (KLM)
* Valorous Unit Award
* Bronze Star Medal
* Army Achievement Medal (5th Award)

6.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

7.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base shows the applicant served in SWA from 6 December 1990 to 4 June 1991.

8.  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.  It established standardized policy for preparation of the DD Form 214.  The regulation stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  The SWASM was awarded to members of the Armed Forces of the United States serving in SWA 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.  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)
* SWA Cease-Fire (12 April 1991 to 30 November 1995)

	b.  The KLM 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 KLM awarded by the Government of Kuwait (KLM-KU) 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.

DISCUSSION AND CONCLUSIONS:

1.  The data from the DMDC is accepted as sufficient evidence in which to correct item 18 of the applicant's DD Form 214 for the period ending 18 September 1992 to show his dates of service in SWA from 6 December 1990 to 4 June 1991.

2.  Based on his service in SWA, he is authorized award of the SWASM with three bronze service stars, KLM-SA, and KLM-KU.  Therefore, his DD Form 214 for the period ending 18 September 1992 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:

	a.  deleting award of the SWASM and KLM from his DD Form 214 for the period ending 18 September 1992,

	b.  adding to his DD Form 214 for the period ending 18 September 1992 the:

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

	c.  adding to item 18 of his DD Form 214 for the period ending 18 September 1992 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901206-19910604." 



      ____________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)                                         AR20140000281



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ABCMR Record of Proceedings (cont)                                         AR20140000281



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