IN THE CASE OF:	  

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140003066 


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 service in Saudi Arabia from approximately August 1990 to June 1991.

2.  The applicant states no record of his service in Saudi Arabia is listed on his DD Form 214.  He is providing copies of correspondence reflecting his attempts for correction of his DD Form 214.

3.  The applicant provides copies of the following:

* Permanent Orders (PO) 033-003 and deployment list
* two DD Forms 214 (Member-1 and Member-4 copies)
* letter from the U.S. Army Reserve Personnel Center
* Standard Form 180 (Request Pertaining to Military Records)
* National Archives Form 13053 (National Personnel Records Center (NPRC) Acknowledgement/Referral)
* two letters to the NPRC

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 22 August 1988 and he served in military occupational specialty 63H (track vehicle repairer).  

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* item 5 (Overseas Service), he served in Saudi Arabia (Southwest Asia) from 29 September 1990 to 15 May 1991, a period of 7 months and 16 days
* item 9 (Awards, Decorations, and Campaign), the:

* Army Service Ribbon
* National Defense Service Medal
* Driver and Mechanic Badge with "W" Bar
* Army Achievement Medal (2nd Award)
* Kuwait Liberation Medal
* Southwest Asia Service Medal with three bronze service stars
* one overseas service bar
* Army Good Conduct Medal (1st Award)
* Noncommissioned Officer Professional Development Ribbon
* Army Reserve Components Overseas Training Ribbon
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars

4.  He provided a copy of PO Number 033-003, issued by Headquarters, 10th Mountain Division (Light Infantry), Fort Drum, NY, on 12 April 1991, deploying members of that division to Saudi Arabia in support of Operation Desert Shield with an effective date of 25 September 1990.  The applicant's name is listed on the provided deployment list.

5.  His records contain the following:

   a.  PO Number 71-29, issued by the 548th Supply and Service Battalion on 30 September 1991, awarding him the Army Good Conduct Medal (1st Award) for the period 22 August 1988 through 21 August 1991.

   b.  PO Number 013-002, issued by Headquarters, 10th Mountain Division, on 22 February 1992, awarding him the Driver Badge with "W" Bar for the period 
1 September 1990 through 2 September 1991.

   c.  A DA Form 638 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), dated 18 May 1992, which recommended him for award of the Army Achievement Medal for meritorious achievement while deployed with the 514th Maintenance Company in support of Operation Desert Shield/Storm from 29 September 1990 through 15 May 1991.  This award was approved by PO Number 023-05 on 31 March 1992.

   d.  An Army Achievement Medal certificate dated 26 March 1992.

   e.  A DA Form 638 which recommended him for award of the Army Achievement Medal for meritorious service while assigned to the 514th Maintenance Company and 548th Supply and Service Battalion from 15 March 1989 through 14 May 1991.  This award was approved by PO Number 56-03 on 11 June 1992.

   f.  An Army Achievement Medal certificate dated 12 June 1992.

6.  He was honorably released from active duty in pay grade E-4 on 31 May 1992.  His DD Form 214 lists in:

* Item 12f (Foreign Service) – Zero credit
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars
* Item 18 – No service in Saudi Arabia

7.  He enlisted in the Wisconsin Army National Guard on 1 June 1992.  He was honorably discharged on 28 February 1996.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) lists the same awards as listed on his DD Form 214 and includes the Noncommissioned Officer Professional Development Ribbon and Army Reserve Components Overseas Training Ribbon.

8.  On 26 June 1992, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued amending item 6 (Reserve Obligation Termination Date) of his 1992 DD Form 214 to show the date of 1996/02/28.
9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 12f would list credit for all foreign service completed during the period covered by the DD Form 214
* Item 13 would list all awards for that period of service

10.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states item 18 (Remarks) of the DD Form 214, for active duty Soldiers deployed with his or her unit during their continuous period of active service, will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)."

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

   a.  The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia on or after 
2 August 1990 to 30 November 1995.  One bronze service star will be worn on the Southwest Asia Service Medal for participation in each designated campaign. The campaigns are:

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

   b.  The Kuwait Liberation Medal (Saudi Arabia) is awarded by the Government of Saudi Arabia 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 (Kuwait) is awarded by the Government of Kuwait to members of the Armed Forces of the United States who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Saudi Arabia from 29 September 1990 through 15 May 1991, a period of 7 months and 16 days.  Therefore, item 12f of his DD Form 214 should be corrected to show a credit of 7 months and 16 days of foreign service for this period.  
2.  He contends he served in Saudi Arabia from approximately August 1990 to June 1991.  However:

	a.  The available evidence shows he served in Saudi Arabia from 29 September 1990 through 15 May 1991.  Therefore, item 18 of this DD Form 214 should be corrected to show the entry, "Service in Saudi Arabia from 29 September 1990 through 15 May 1991."  

	b.  There is insufficient evidence to show he served in Saudi Arabia from approximately August 1990 to June 1991.  If he has copies of orders or any documentation showing he served in Saudi Arabia prior to September 1990 and after May 1991, he may reapply to the Board (within 1 year of the date his case is boarded). 

3.  PO awarded him the Army Good Conduct Medal (1st Award), Driver Badge with "W" Bar, and Army Achievement Medal (2nd Award) during his period of active duty.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  He served a qualifying period of service for award of the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).  Therefore, his DD Form 214 should be corrected to show these awards.

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:

* deleting from item 12f of his DD Form 214 the entry, "00-00-00" and replacing it with the entry, "00-07-16"
* adding to this DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Driver Badge with "W" Bar
* Army Achievement Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

* adding to item 18 of this DD Form 214 the entry, "Service in Saudi Arabia from 29 September 1990 through 15 May 1991"

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 correction of his DD Form 214 to show he served in Saudi Arabia from approximately August 1990 through June 1991.



      _______ _   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)                                         AR20140003066





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ABCMR Record of Proceedings (cont)                                         AR20140003066



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