IN THE CASE OF:  	  

		BOARD DATE:  23 October 2014	  

		DOCKET NUMBER:  AR20140005029 


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 he was awarded the Southwest Asia Service Medal (SWASM) and any awards and decorations to which he may be entitled for his service in SWA.

2.  The applicant states:

* his unit deployed to SWA in support of Operation Desert Storm
* he served in Saudi Arabia and Kuwait from October 1990 to February 1991
* he was not awarded the SWASM
* his Department of Veterans Affairs (VA) claim has been denied due to the lack of evidence of his deployment  

3.  The applicant provides a copy of 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.  The applicant enlisted in the Regular Army on 17 October 1989 and trained as an armor crewman.  On 16 October 1993, he was honorably released from active duty.

3.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Army Lapel Button

4.  His DD Form 214 shows in:

* Item 12f (Foreign Service) the entry "00 00 00"
* Item 18 (Remarks) no deployments.

5.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base shows the applicant served in SWA from 1 October 1990 to 17 April 1991 (total of 6 months and 17 days).

6.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for participation in each of the following campaigns:

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

7.  Army Regulation 600-8-22 states the Kuwait Liberation Medal, awarded 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.
8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal, awarded 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.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation stated:

	a.  For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record.

	b.  For item 18, 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)."

DISCUSSION AND CONCLUSIONS:

 1.  Based on his service in SWA from 1 October 1990 to 17 April 1991, he is authorized award of the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in SWA.  Therefore, item 18 of this DD Form 214 should be corrected to show he served in SWA from 1 October 1990 to 17 April 1991.  

3.  As a related issue, item 12f of his DD Form 214 should be corrected to show he completed 6 months and 17 days of foreign service.  

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.  amending his DD Form 214 to show he was awarded or authorized the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal – Kingdom of Saudi Arabia
* Kuwait Liberation Medal – Government of Kuwait

	c.  deleting the entry in item 12f of his DD Form 214 and replacing it with the entry "00 06 17;" and 

	c.  amending his DD Form 214 to add to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910417."





      _______ _   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)                                         AR20140005029





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ABCMR Record of Proceedings (cont)                                         AR20140005029



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