IN THE CASE OF:	  

		BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140000892 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 January 1992 to show his foreign service in support of Operations Desert Shield/Desert Storm.

2.  The applicant states he wishes to have his foreign service in support of Operations Desert Shield/Desert Storm reflected on his discharge document.

3.  The applicant provides no additional 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.  The applicant enlisted in the U.S. Army Reserve (USAR) on 17 May 1985.

3.  On 5 June 1986, he was ordered to active duty for training.  On 23 August 1986, he was released from active duty.  His DD Form 214 for this period shows he was awarded or authorized the Army Service Ribbon and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He was discharged from the USAR and on 6 October 1987, he enlisted in the Regular Army. 

5.  Permanent Orders 170-34, issued by the 574th Personnel Service Company on 6 September 1990, awarded him the Army Good Conduct Medal (1st Award), for the period 6 October 1987 to 5 October 1990.

6.  Permanent Orders 000001-017, issued by Headquarters, 23rd Engineer Battalion, 3rd Armored Division on 15 August 1991, awarded him the Driver and Mechanic Badge with Driver-W Bar.

7.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991, and one record for each Reserve and National Guard member or retiree who was activated or Federalized in response to either Operation.  The DMDC database shows the applicant served in Southwest Asia from 1 January 1991 to 19 May 1991.

8.  On 10 January 1992, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 for this period shows he was awarded or authorized the:

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon 
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button

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

	a.  The Kuwait Liberation Medal, issued 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 the Persian Gulf War between 17 January 1991 and 28 February 1991.
	b.  The Kuwait Liberation Medal, issued 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.

10.  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 military service or control of the Army.  It provided established standardized policy for preparation of the DD Form 214.

	a.  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 (Remarks).

	b.  Enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry would be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Operations Desert Shield/Desert Storm from or about 1 January 1991 to on or about 19 May 1991.  In accordance with current standards, it would be appropriate to amend his DD Form 214 for the period ending 10 January 1992 to add the entry, "SERVICE IN SOUTHWEST ASIA FROM 19990101-19910519."

2.  He served a qualifying period for award of the KLM-SA and KLM-KU.  These service medals are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 for the period ending 10 January 1992 to show them.

3.  He was previously awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Driver and Mechanic Badge with Driver-W Bar.  These individual badges are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 for the period ending 10 January 1992 to show them.
	




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 for the period ending 10 January 1992 as follows:

* adding the following awards –

* KLM-SA
* KLM-KU
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver-W Bar

* adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19990101-19910519" to item 18



      ____________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)                                         AR20140000892



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ABCMR Record of Proceedings (cont)                                         AR20140000892



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