IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140001349 


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 during the Gulf War and his associated service medals.

2.  The applicant states:

* his DD Form 214 and personnel records are void of evidence that he served in the Gulf War
* he is a combat veteran and his records do not show this

3.  The applicant provides:

* DD Form 214
* Headquarters, Fifth U.S. Army and Fort Sam Houston, Orders 88-52, dated 2 May 1990
* Headquarters, 21st Replacement Battalion, Orders 168-006, dated 17 June 1990
* Headquarters, 3d Armored Division, Orders 082-01, dated 18 June 1990
* 378th Personnel Service Company Orders 239-43, dated 27 August 1991

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 10 August 1988.

3.  The Defense Manpower Data Center compiled the Operations Desert Shield/
Desert Storm Data Base (also known as the Gulf War Roster).  The primary Operations Desert Shield/Desert Storm file contains a record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  His name is shown on the Gulf War Roster for service in Southwest Asia from 1 January through 15 May 1991.

4.  On 16 September 1991, he was honorably released from active duty.  There is no derogatory information in his records.  He completed 3 years, 1 month, and 7 days of active service during this period.  His DD Form 214 shows in:

* item 12f (Foreign Service) – 1 year, 2 months, and 28 days
* item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

*	Army Service Ribbon
*	National Defense Service Medal
*	Overseas Service Ribbon
*	Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
*	Marksman Marksmanship Qualification Badge with Pistol Bar (9 millimeter)
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Expert Marksmanship Qualification Badge with Grenade Bar

* item 18 (Remarks) – no deployed service

5.  The applicant provided:

* Headquarters, Fifth U.S. Army and Fort Sam Houston, Orders 88-52, dated 2 May 1990, assigning him to the 21st Replacement Battalion, Germany, proceeding on or about 23 May 1990
* Headquarters, 21st Replacement Battalion, Orders 168-006, dated 17 June 1990, reassigning him to Headquarters and Headquarters Company, 3d Armored Division, Germany, with a reporting date of 21 June 1990
* Headquarters, 3d Armored Division, Orders 082-01, dated 18 June 1990, reassigning him to the 503d Military Police Company, Germany, with a reporting date of not later than 18 June 1990
* 378th Personnel Service Company Orders 239-43, dated 27 August 1991, reassigning him to the U.S. Army Transition Point, Fort Dix, NJ, for separation processing with a reporting date of 26 September 1991 and a release from active duty date of 30 September 1991

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Southwest Asia Service Medal was 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 campaigns are:

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

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 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.

	d.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.


7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is shown on the Gulf War Roster for service in Southwest Asia from 1 January through 15 May 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this deployed service.

2.  Based on his service in Southwest Asia, he is authorized award of the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The applicant completed 3 years, 1 month, and 7 days of honorable active service during this period, including combat service in Southwest Asia in support of Operations Desert Shield/Desert Storm.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In the absence of a commander's disqualification, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 10 August 1988 to 9 August 1991
* adding the following awards to item 13 of his DD Form 214 –

*	Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
*	Kuwait Liberation Medal-Saudi Arabia
*	Kuwait Liberation Medal-Kuwait

* adding the entry "SERVICE IN SOUTHWEST ASIA FROM 1990101-19910515" to item 18 of his DD Form 214



      ______________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)                                         AR20140001349



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ABCMR Record of Proceedings (cont)                                         AR20140001349



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