IN THE CASE OF:    

		BOARD DATE:  7 April 2015	  

		DOCKET NUMBER:  AR20140008253


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 in Saudi Arabia.

2.  He states the omission of his foreign service was simply a clerical oversight.

3.  He provides his:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)

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 13 September 1988, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic).

3.  His DA Form 2-1 shows in item 5 (Oversea Service) -

* Korea, 26 March 1989 to 25 March 1990
* Saudi Arabia, 5 November 1990 to 17 April 1991

4.  On 12 September 1992, he was honorably released from active duty.  The 
DD Form 214 issued at that time shows in:

* item 12f (Foreign Service) – 1 year of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Good Conduct Medal 
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

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

5.  Permanent Orders 31-22, issued by Headquarters, 2nd Infantry Division, dated 16 February 1990, awarded him the Driver and Mechanic Badge.

6.  Permanent Orders 50-4, issued by Headquarters, Vint Hill Farms Station, Warrenton, VA, awarded him the Army Achievement Medal (AAM) for meritorious service during the period 3 August 1990 to 16 January 1991.

7.  His record contains a Memorandum for Record, dated 21 July 1993, Subject:  Verification of Deployment, issued by U.S. Army Intelligence and Security Command, Vint Hill Farms Station, Warrenton, VA.  This document states the applicant was deployed with the 201st Military Intelligence Battalion in support of Operation Desert Shield/Storm from 4 November 1990 through 17 April 1991.

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

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

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

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

	a.  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)

	b.  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.

	c.  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.

	d.  Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense

11.  Department of the Army General Orders Number 14, dated 1997, announced award of the Meritorious Unit Commendation (MUC) to the 201st Military Intelligence Battalion for the period 30 August 1990 to 15 April 1991.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was deployed with his unit to SWA in support of Operations Desert Shield/Storm during the period 4 November 1990 to 
17 April 1991 (5 months and 14 days).  It would be appropriate to amend items 12f and 18 of his DD Form 214 to show this foreign service.
2.  Permanent orders awarded him the AAM and the Driver and Mechanic Badge.  He is entitled to correction of his DD Form 214 to show these awards.

3.  He served a qualifying period for the award of the KDSM and his DD Form 214 should be corrected to show this award.

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

5.  He was deployed with his unit during a period for which the unit was awarded the MUC.  It would be appropriate to add this unit award to his DD Form 214.

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.  deleting from item 12f of his DD Form 214 the entry "0001  00  00"; and replacing it with the entry "0001  05  14";

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

* AAM
* Driver and Mechanic Badge
* KDSM
* SWASM with three bronze service stars
* KLM-SA
* KLM-KU
* MUC

	c.  adding to item 18, the entry "SERVICE IN SOUTHWEST ASIA FROM 19901104 - 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)                                         AR20140010472



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ABCMR Record of Proceedings (cont)                                         AR20140008253



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