IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008743 


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 the addition of the Southwest Asia Service Medal (SWASM) with three bronze service stars, Kuwait Liberation Medal –Kuwait (KLM-K), and the Kuwait Liberation Medal –Saudi Arabia (KLM-SA) to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he served in Iraq and throughout the theater of operations from October 1990 to April 1991 in support of Operation Desert Shield/Storm.

3.  The applicant provides a copy of his DD Form 214 Worksheet.

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 30 April 1987.  He completed his training as a multi-channel communications system operator and was transferred to Germany.

3.  The available records are silent as to his deployment to SWA; however, the Gulf War Deployment Roster shows he deployed during the period 910101 – 910415.

4.  On 30 April 1991, he was honorably discharged at Fort Dix, New Jersey under the provisions of Army Regulation 635-200, chapter 9.  He had served 4 years and 1 day of active service.  His DD Form 214 issued at the time of his discharge shows no indication of his deployment and shows he was awarded the Army Service Ribbon and the National Defense Service Medal.

5.  On 19 September 2008, while serving in the Pennsylvania Army National Guard (PAARNG), he was ordered to active duty on 19 September 2009 in support of Operation Iraqi Freedom.  He deployed to Iraq during the period 20090116 – 20090410, a period of 2 months and 25 days of foreign service.

6.  On 27 December 2009, he was honorably released from active duty (REFRAD) due to disability with severance pay, combat related.  His DD Form 214 issued at the time of his REFRAD shows no foreign service in item 12f (Foreign Service) and shows he was awarded the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal with campaign star, Army Service Ribbon, and the Armed Forces Reserve Medal with “M” Device. 

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

8.  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.

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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) at the time served as the authority for the preparation of the DD Form 214.  It provides that it is mandatory that an entry be placed in block 18 (Remarks) of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  The entry will consist of "SERVICE IN (name of country deployed) FROM YYYYMMDD-YYYYMMDD)."  Block 12f will show all foreign service performed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and found to have merit.  The applicant served in SWA from 1 January 1991 to 15 April 1991.  Accordingly, he is entitled to have his records corrected to reflect this service.

2.  As a result, he is entitled to awards of the SWASM with three bronze service stars, KLM-SA, and KLM-KU for this service.

3.  Additionally, the entry "SERVICE IN SWA FROM 910101-910415" should be entered in block 18 of his DD Form 214. 

4.  Block 12f of his DD Form 214 for the period ending 27 December 2009 should also be amended to show 2 months and 25 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: 
* adding the KDSM, SWASM with three bronze service stars, KLM-SA, and KLM-KU to his DD Form 214 for the period ending 30 April 1991 and 
27 December 2009
* adding the entry "SERVICE IN SWA FROM 910101-910415" to block 18 of his DD Form 214 for the period ending 30 April 1991
* correcting block 12f of his DD Form 214 for the period ending 
27 December 2009 to show 2 months and 25 days of foreign service

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Gulf War and Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20140008743





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ABCMR Record of Proceedings (cont)                                         AR20140008743



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