BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140008132 


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 foreign service.

2.  He states his overseas duty is not documented on his DD Form 214.

3.  He provides his DD Form 214 and a DD Form 215 (Correction to 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.  On 18 January 1989, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 19K (M1 Abrams Armor Crewman).
3.  On 17 May 1991, he was honorably released from active duty.  The DD Form 214 issued at that time shows in:

* block 12f (Foreign Service) – no foreign service
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

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

* block 18 (Remarks) – no entries referencing deployed service

4.  His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The database shows he was deployed from 1 September 1990 to 29 March 1991.  

5.  Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for the preparation of the DD Form 214.  It states:

	a.  For block 12f, enter the total amount of service performed outside the continental United States during the period covered by the DD Form 214.  In addition, list periods of deployed service in block 18.

	b.  For block 18, in part, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).”  

6.  As a related matter, review of the applicant's records indicates he is entitled to additional awards.

7.  His Official Military Personnel File contains Permanent Orders 156-3 (issuing headquarters unknown), dated 13 November 1989, which awarded him the Army Achievement Medal (AAM) for the period 18 to 20 October 1989.

8.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) 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.  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) 
* Southwest Cease-Fire (12 April 1991 to 30 November 1995)

9.  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.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was deployed with his unit to Southwest Asia in support of Operations Desert Shield/Storm during the period 1 September 1990 to 29 March 1991 (6 months and 28 days).  It would be appropriate to amend blocks 12f and 18 of his DD Form 214 to show this foreign service.

2.  Permanent orders awarded him the AAM.  He is entitled to correction of his DD Form 214 to show this award.

3.  He served a qualifying period of service for award of the SWASM and he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the SWASM with two bronze service stars.

4.  He served a qualifying period of service for the KLM-SA and KLM-KU.  Therefore, his DD Form 214 should be corrected to show these medals.

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 making the following corrections to his DD Form 214:

	a.  deleting from block 12f of his DD Form 214 the current entry and replacing it with the entry "0000  06  28";

	b.  adding to block 13 of his DD Form 214 the: 

* AAM
* SWASM with two bronze service stars
* KLM-SA
* KLM-KU

	c.  adding to block 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901–19910329."



      __________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)                                         AR20140008132





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ABCMR Record of Proceedings (cont)                                         AR20140008132



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