IN THE CASE OF:	  

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006932 


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 Southwest Asia during Operation Desert Shield/Desert Storm
* all awards he is entitled to receive as a result of this service 

2.  The applicant states his DD Form 214 does not show his service during Operation Desert Shield/Desert Storm or any awards he is entitled to receive as a result of this service.

3.  The applicant provides a DA Form 638 (Recommendation for Award).

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 26 February 1985.  On 29 September 1988, he was assigned to Headquarters and Headquarters Troop (HHT), 2nd Squadron, 2nd Armored Cavalry Regiment (ACR), Germany.

3.  He provides a DA Form 638 wherein it shows, on 6 March 1991, he was recommended for award of the Army Commendation Medal for devoting long hours during Operation Desert Shield/Desert Storm to ensure the squadron's vehicles were maintenance combat ready from 6 December 1990 to 3 March 1991.  On 21 May 1991, the approving authority approved this award.

4.  He was honorably discharged from active duty on 29 November 1996 for completion of required active service.  

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal (6th Award)
* Army Achievement Medal
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge with Driver M Bar

6.  Item 18 (Remarks) of his DD Form 214 does not contain an entry that shows his service in Southwest Asia.  

7.  His name is listed on the Gulf War Deployment Roster as having deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm from 1 January to 26 April 1991.  

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

	a.  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.  A review of his record shows he participated in three campaigns during his service in Southwest Asia.

	b.  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.

	c.  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.

9.  A review of the U.S. Army Human Resources Command website shows HHT, 2nd Squadron, 2nd ACR, was cited for award of the Valorous Unit Award for the period 23 to 26 February 1991, by the Department of the Army in General Order (GO) Number 27, dated 1994.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, stated for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service in item 18 of the DD Form 214 enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Southwest Asia from 1 January to 26 April 1991; therefore, he is entitled to correction of his DD Form 214 to show this foreign service and the dates of this service.

2.  He participated in three campaigns during his service in Southwest Asia and served during a qualifying period for entitlement to the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  GO awarded his unit the Valorous Unit Award during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.




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 as follows:

* adding to item 13 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, and the Valorous Unit Award
* adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910426" 



      _______ _   __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)                                         AR20140006932



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ABCMR Record of Proceedings (cont)                                         AR20140006932



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