IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20140002335 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1993 to show:

   a.  her deployment to Desert Shield/Storm from 1 December 1990 to 30 April 1991; and 

   b.  award of the Southwest Asia Service Medal, Kuwait Liberation Medal –Saudi Arabia, National Defense Service Medal, the Overseas Service Ribbon with numeral "2," and the 101st Airborne Division patch for combat identification.

2.  The applicant states she is entitled to the aforementioned awards based on her service and she has exhausted all administrative remedies to document the information to be entered on her DD Form 214.

3.  The applicant provides:

* DD Form 214
* a letter
* 28 Leave and Earnings Statements

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 13 August 1985.

3.  Her record contains a Certificate of Training that shows she completed German Headstart at Lee Barracks, Mainz, Germany on 17 February 1986.

4.  Her record contains a DA Form 1695 (Oath of Extension of Enlistment) that shows she extended her enlistment for 12 months on 10 September 1987 to meet the service remaining requirement (SRR) for permanent change of station (PCS) to the Continental United States (CONUS).

5.  On 10 March 1989, she received approval to reenlist in the Regular Army for a period of two years to satisfy the SRR for a consecutive overseas tour (COT).  She subsequently reenlisted on 14 March 1989.

6.  On 18 July 1990, she received approval to reenlist in the Regular Army for a period of two years to satisfy the SRR for PCS back to CONUS.  She subsequently reenlisted on 23 July 1990.

7.  Permanent Orders 033-00020, issued by 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, dated 2 February 1993, awarded her the Army Commendation Medal.

8.  She received an honorable discharge on 31 March 1993.  Her DD Form 214 contains the following:

* Item 12a (Date Entered Active Duty This Period):  "85 08 13"
* Item 12b (Separation Date This Period):  "93 03 31"
* Item 12c (Net Active Service This Period):  "07 07 19"
* Item 12f (Foreign Service):  "04 11 24"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  Army Service Ribbon, National Defense Service Medal, Army Good Conduct Medal (2nd Award), Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Army Lapel Button, Drivers Badge, Army Achievement Medal 
* Item 18 (Remarks) does not contain an entry indicating service in Southwest Asia   
 
9.  Her name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The database shows she was deployed to Southwest Asia from 1 October 1990 through 9 April 1991.

10.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal 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 are:

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

11.  Army Regulation 600-8-22 states the Kuwait Liberation Medal - Saudi Arabia awarded by the Kingdom of Saudi Arabia 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.  Additionally, this regulation also states the Kuwait Liberation Medal - Kuwait 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.

12.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995, and 11 September 2001 and a date to be determined.

13.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

14.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas) states a Soldier will be credited with two completed tours if a Soldier completes the prescribed tour, has a voluntary or involuntary intra- or inter- theater COT, and completes the second prescribed tour. 

15.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded her the Army Commendation Medal.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

2.  The applicant provides insufficient evidence to support her contention that she deployed to Desert Shield/Storm from 1 December 1990 to 30 April 1991.  However, in the Desert Shield/Storm Database shows she served a qualifying period of time (1 October 1990 through 9 April 1991) in a designated location to qualify for award of the Southwest Asia Service Medal.  Evidence also shows she participated in two campaigns while serving in Southwest Asia.  Therefore, she is entitled to correction of her DD Form 214 to show award of the Southwest Asia Service Medal with two bronze service stars.

3.  Evidence shows she served a qualifying period of time in a designated location to qualify for award of both the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, she is entitled to have her DD Form 214 corrected to show these foreign awards.

4.  Her DD Form 214 already lists the National Defense Service Medal.

5.  Evidence shows the applicant completed her prescribed tour in Germany and subsequently completed a voluntary COT in Germany.  Therefore, she is entitled to correction of her DD Form 214 to show the Overseas Service Ribbon with numeral "2."

6.  With regard to the 101st Airborne Division patch for combat identification, there are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   
 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the Overseas Service Ribbon from item 13 of her DD Form 214;
   
   b.  adding the following entry to item 13 of her DD Form 214:  "ARMY COMMENDATION MEDAL//SOUTHWEST ASIA SERVICE MEDAL WITH TWO BRONZE SERVICE STARS//KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT//OVERSEAS SERVICE RIBBON WITH NUMERAL 2//"; 
   
	c.  adding the following entry to item 18 of her DD Form 214:  "SERVICE IN SOUTHWEST ASIA FROM 19911001 - 19910409"; and

   d.  providing her an appropriate document showing these corrections.










2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to reflecting her deployment dates to Desert Shield/Storm as 1 December 1990 through 30 April 1991 and the 101st Airborne Division patch for combat identification.  




      _______ _   _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)                                         AR20140002335





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ABCMR Record of Proceedings (cont)                                         AR20140002335



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