IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004164
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 upgrade of his discharge to honorable. He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the awards he is entitled to for his service in Southwest Asia.
2. The applicant states he earned the awards and was told he could request the upgrade when he was discharged.
3. The applicant submitted his DD Form 214.
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. Item 24 (Character of Service) of the applicant's DD Form 214 shows he received a honorable discharge. Therefore, the upgrade of his discharge will not be discussed any further in this Record of Proceedings.
3. The applicant enlisted in the Regular Army on 26 May 1981.
4. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Database that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 December 1994. The DMDC Desert Shield/Storm Database shows the applicant participated in-theater during the period 1 August to 31 December 1991.
5. On 6 February 1992, the applicant was honorably discharged from the Army. He completed 10 years, 8 months, and 11 days of creditable active service. The
DD Form 214 he was issued at the time shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, National Defense Service Medal, Army Good Conduct Medal (3d award), Overseas Service Ribbon (2d award), Army Achievement Medal (2d award), Driver's Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Grenade Bar.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version in effect states for item 18, for an active duty Soldier deployed to a foreign country 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)."
7. A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. It states:
a. 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)
b. 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows he served in Southwest Asia and he participated in one designated campaign in support of Operation Desert Shield/Desert Storm. Therefore, he is entitled to the Southwest Asia Service Medal with one bronze service star and correction of his DD Form 214 to show this award.
2. Based on his service in Southwest Asia, he is also entitled to the Kuwait Liberation Medal - Kuwait. Therefore, his DD Form 214 should be corrected to show these awards.
3. The DMDC Desert Shield/Storm Database shows the applicant participated in-theater from 1 August to 31 December 1991. Therefore, based on the regulation, there would be no harm in correcting the remarks section of his
DD Form 214 by showing his service in Southwest Asia.
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:
a. adding to item 13 of his DD Form 214 the:
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal - Kuwait
b. adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 1990801 - 19911231."
____________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) AR20140004164
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ABCMR Record of Proceedings (cont) AR20140004164
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