BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140000638 


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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) show her deployed overseas service in support of Operations Desert Shield/Desert Storm.

2.  The applicant states her extension of service shown in item 18 (Remarks) of her DD Form 214 is for her deployed service in support of Operations Desert Shield/Desert Storm which is not reflected on her DD Form 214.

3.  The applicant provides no additional documentary evidence.

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.  Her military records show she enlisted in the Regular Army on 15 October 1986.  She completed training and was awarded military occupational specialty 71G (Patient Administration Specialist).  The highest rank she held was specialist/pay grade E-4.

3.  Her DA Form 2-1 (Personnel Qualification Record) reflects no overseas service.  It shows she was assigned to the 10th Mobile Army Surgical Hospital (MASH) from 14 September 1988 to 14 September 1991.

4.  On 14 September 1991, she was released from active duty after completing 4 years and 11 months creditable active service.

5.  The DD Form 214 she was issued at the time shows the National Defense Service Medal, Army Service Ribbon, Army Achievement Medal, Army Good Conduct Medal, Army Lapel Button, Marksman Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  Item 12f (Foreign Service) of her DD Form 214 does not show any foreign service.

7.  Item 18 (Remarks) of her DD Form 214 shows her service was extended at the request and for the convenience of the government.

8.  Her name is listed in the Operations Desert Shield/Storm Database compiled by the Defense Manpower Data Center.  The database shows she was deployed from 1 October 1990 to 24 April 1991.  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.

9.  A Fort Carson website shows the 10th MASH deployed to Saudi Arabia in 1991 in support of Operation Desert Storm.

10.  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) 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:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in Operation Desert Storm 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.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  A more recent version of this regulation stated for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18.  It provided for entry of the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  The Operations Desert Shield/Storm Database shows she deployed in support of the Gulf War from sometime in October 1990 to 24 April 1991.  This roster shows the full month of October though she may have served only a portion of that month overseas.  The internet shows the unit she was assigned to at the time deployed to Saudi Arabia in support of Operation Desert Storm.  The version of the regulation in effect at the time did not provide for entry of deployed service in item 18.  However, while it is not known exactly when she arrived overseas, there would be no harm in amending her DD Form 214 by adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910424."

2.  Item 12f of her DD Form 214 is void of any foreign service.  Therefore, based upon the above recommended change it would be appropriate to amend item 12f to show 6 months and 24 days of foreign service.

3.  As a related matter, while it does not show the exact date she arrived in country, the Gulf War Roster shows she received hostile fire pay from sometime during the month of October 1990 until 24 April 1991.  This indicates she served in the Persian Gulf War during a qualifying time period to be authorized the SWASM and that she participated in three campaigns.  It would be appropriate to add the SWASM with three bronze service stars to her DD Form 214.

4.  The available evidence also shows she completed a qualifying period of service for award of the KLM-KU and KLM-SA.  Therefore, it would be appropriate to add these awards to her DD Form 214.

5.  In view of the foregoing, she is entitled to have her records corrected as recommended below.

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 her DD Form 214 for the period ending 14 September 1991 by: 

	a.  deleting from 12f the current entry and replacing it with the entry 00 06 24 days indicating 6 months and 24 days of foreign service;

	b.  adding the SWASM with three bronze service stars, KLM-KU, and KLM-SA; and 

	c.  adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910424."



      _________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)                                         AR20140000638



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ABCMR Record of Proceedings (cont)                                         AR20140000638



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