IN THE CASE OF:	  

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140005119 


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 his foreign service and awards for Operations Desert Shield and Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 8 May 1992.

2.  The applicant states there was an administrative error in failing to document his service in Operations Desert Shield and Desert Storm on his DD Form 214.

3.  The applicant provides:

* one page from his DA Form 2-1 (Personnel Qualification Record)
* five personal statements
* pages from his local newspaper
* three letters, dated 3 February, 14 March, and 21 April 2005 from the National Personnel Records Center (NPRC), St. Louis, MO
* 17 envelopes addressed to him in Saudi Arabia
* a letter, 4 February 1991, from an unknown person to the applicant
* his decree of annulment from his then wife
* front page of the 24th Infantry Division (M) Soldier Orientation Guide
* Certificate of Service, dated 29 March 1991
* 15 photographs of the applicant and his buddies in Iraq

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.  On 10 May 1988, he enlisted in the Regular Army.  He was promoted to specialist on 22 August 1990.

3.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 July 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and   31 December 1993.  

4.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period 1 October 1990 to 23 March 1991.  He participated in two campaigns.

5.  Item 27 (Remarks) of his DA Form 2-1 contains the following stamped entry: "IAW 021900Z MAR91, DAPE-HR-S DUTY IN IMMINENT DANGER PAY AREA (SOUTHWEST ASIA) ________________"

6.  On 8 May 1992, he was released from active duty.  His DD Form 214 showed in:

* item 12c (Net Active Service This Period) - 3 years, 11 months, and 
29 days
* item 12f (Foreign Service) - no foreign service

7.  His DD Form 214 shows he was awarded the:

* Army Service Ribbon
* National Defense Service Medal
* Expert Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars
* Expert Marksmanship Qualification Badge with Mortar Bar
8.  The five personal references submitted by the applicant all attest to the fact that they served with him in Saudi Arabia and Iraq.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, 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.

	b.  The Kuwait Liberation Medal 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 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.

10.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  Foreign service performed during the period covered in Item 12c of the DD Form 214 was entered in Item 12f.  

DISCUSSION AND CONCLUSIONS:

1.  The DMDC Desert Shield/Storm Data Base shows he served in-theater for 
5 months and 23 days.  Therefore, item 12f of his DD Form 214 should contain the entry "00 05 23."

2.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 23 March 1991.  Therefore, he is authorized the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

3.  Although not required at the time, the current regulation provides for entering deployments in item 18 (Remarks) of the DD Form 214.  It would be appropriate to enter the applicant’s deployment at this time.

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 amending his DD Form 214 with a separation date of 8 May 1992 as follows:

	a.  item 12f - deleting "00 00 00" and adding "00 05 23"

	b.  adding the following:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

c.  adding the following to item 18:

* Service in Southwest Asia from 1 October 1990 to 23 March 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)                                         AR20140005119



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ABCMR Record of Proceedings (cont)                                         AR20140005119



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