IN THE CASE OF:	

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140009018 


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 military occupational specialty (MOS) 11B (Infantryman) and his service in Southwest Asia (SWA).

2.  The applicant states his DD Form 214 does not show he served in MOS 11B from 1978 to 1981 and it does not show his service in SWA during Operations Desert Shield and Desert Storm.

3.  The applicant provides his 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.  The applicant enlisted in the Regular Army on 15 February 1978 for training in MOS 11B.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he completed advanced individual training (AIT) on 1 June 1978 and he was awarded MOS 11B.

4.  Headquarters, 25th Infantry Division, Orders 307-10, dated 3 November 1981, awarded him MOS 71L1O (Administrative Specialist) and withdrew MOS 11B1O effective 26 October 1981.

5.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  This data base shows he served in SWA from 1 October 1990 to 15 April 1991.

6.  He was released from active duty on 3 September 1991.  Block 11 (Primary Specialty) of his DD Form 214 does not show MOS 11B.

7.  His DD Form 214 does not show his service in SWA or awards authorized for service in SWA.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The SWA Service Medal (SWASM) is awarded to members of the Armed Forces of the United States serving in SWA 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)
* SWA Cease-Fire (12 April 1991 to 30 November 1995)

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) was approved on 9 November 1995 and was 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.  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 provided standardized policy for preparation of the DD Form 214.

	a.  The titles of all MOS's or areas of concentration served in for at least 1 year would be entered in block 11 and will include the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and AIT.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show service in MOS 11B and service in SWA has been carefully considered.

2.  The evidence of record confirms he served in MOS 11B from 1 June 1978 to 26 October 1981 (3 years, 4 months, and 25 days).  Therefore, block 11 of his DD Form 214 should be corrected to reflect service in MOS 11B.

3.  The information contained in the DMDC data base, an official data base used to verify service in SWA during the relevant time frame, confirms he served in SWA from 1 October 1990 to 15 April 1991.  This information should be used to correct block 18 of his DD Form 214 to show his dates of deployment to SWA.

4.  Based on his service in SWA, he is authorized award of the SWASM with three bronze service stars, KLM-SA, and KLM-KU.  Therefore, these awards should be added 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 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 entry "11B1O Infantryman – 3 years and 5 months" to block 11 of his DD Form 214;

	b.  adding award of the SWASM with three bronze service stars, KLM-SA, and KLM-KU to his DD Form 214; and

	c.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910415" to block 18 of his 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)                                         AR20140009018



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ABCMR Record of Proceedings (cont)                                         AR20140009018



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