IN THE CASE OF:  	  

		BOARD DATE:  22 January 2015	  

		DOCKET NUMBER:  AR20140008909 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment in Southwest Asia (SWA) in support of Operations Desert Shield/Desert Storm.

2.  The applicant states the deployment was omitted from her DD Form 214.

3.  The applicant provides:

* DD Form 214
* reassignment orders, dated 4 February 1991 and 25 February 1991
* deployment orders, dated 8 February 1991
* memorandum for record, dated May 1991
* certificate of recognition
* certificate of achievement

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 5 September 1990 and trained as a medical specialist.  On 22 August 1993, she was honorably released from active duty.

3.  Her DD Form 214 shows she was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

4.  Her DD Form 214 shows in:

* item 12f (Foreign Service) – "00  00  00"
* item 18 (Remarks) – no deployed service

5.  The Defense Manpower Data Center compiled the Operations Desert Shield/
Desert Storm data base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base does not show the applicant's name.

6.  The applicant provided:

	a.  a certificate of achievement from Headquarters, 428th Medical Supply, Optical, and Maintenance Battalion, 332d Medical Brigade, dated 30 March 1991, for meritorious service during Operations Desert Shield, Desert Storm and Desert Saber in SWA;

	b.  a memorandum for record from her commanding officer, dated May 1991, verifying her SWA tour in support of Operations Desert Shield/Desert Storm.  The memorandum states she arrived in SWA on 20 February 1991 and departed in May 1991; and

	c.  a certificate of recognition from Headquarters, U.S. Army Health Services Command, dated 1 June 1991, for dedicated and unselfish service in the performance of duty at the 428th Medical Supply, Optical, and Maintenance Battalion in Saudi Arabia.

7.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWA Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for participation in each of the following campaigns:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* SWA 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-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.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The instructions stated:

	a.  for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record; and

	b.  for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The memorandum for record from the applicant's commanding officer is accepted as sufficient evidence with which to correct item 18 of her DD Form 214 to show her dates of service in SWA.  Therefore, item 18 of her DD Form 214 should be corrected to show she served in SWA from 20 February 1991 to 31 May 1991 (3 months and 12 days).  In addition, item 12f of her DD Form 214 should be corrected to show she completed 3 months and 12 days of foreign service.

2.  As a related issue, she is authorized award of the SWA Service Medal with two bronze service stars, KLM-SA, and KLM-KU based on her service in SWA.  Therefore, her DD Form 214 should be corrected to show these awards.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding the following awards to her DD Form 214:

* SWA Service Medal with two bronze service stars
* KLM-SA
* KLM-KU

	b.  deleting the current entry in item 12f of her DD Form 214 and replacing it with the entry "00  03  12," and

	c.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 1990220-19910531" to item 18 of her DD Form 214.



      _______ _   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)                                         AR20140008909



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ABCMR Record of Proceedings (cont)                                         AR20140008909



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