IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009386
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 Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he served in Operation Desert Storm and that item 13 of his DD Form 214 should be corrected to show the following awards:
* Southwest Asia Service Medal (SWASM)
* Kuwait Liberation Medal - Saudi Arabia (KLM-SA)
* KLM - Kuwait (KLM-K)
3. The applicant provides four certificates in support of his claim.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. With prior service, on 30 August 1990, the applicant enlisted in the RA. He was discharged on 4 August 1992 after completing 1 year, 11 months, and 5 days of net active service this period of which 1 year, 10 months, and 19 days was foreign service.
3. Item 13 of his DD Form 214 issued on 4 August 1992, does not contain the requested awards and item 18 (Remarks) does not list any foreign service or deployments.
4. He submits a copy of his Army Achievement Medal Certificate and a Certificate of Achievement awarded to him for meritorious achievement during Operation Desert Storm. He provides two additional certificates that show he served with distinction during Operation Desert Storm.
5. The Gulf War Deployment Roster documents his service in the Gulf War area of operations from 1 January to 31 August 1991.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.
a. Paragraph 2-14 states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area 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)
* Cease-Fire Campaign (12 April 1991 to 30 October 1995).
b. Paragraph 9-14 contains guidance for award of the KLM-SA. It states this medal is authorized to members for service in support of Operation Desert Storm in SWA between 17 January 1991 and 28 February 1991.
c. Paragraph 9-15 contains guidance for award of the KLM-KU. It states this medal is authorized for service in support of Operations Desert Shield/Desert Storm in SWA between 2 August 1990 and 31 August 1993.
7. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It also establishes standardized policy for preparing and distributing the DD Form 214 for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states for item 18 for an active duty Soldier deployed to a foreign country 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:
The Gulf War Deployment Roster and the evidence provided by the applicant confirm his 8 months of service in Southwest Asia performed in support of Operation Desert Storm. Based on this service and his campaign participation his DD Form 214 should be corrected to show this foreign service in item 18 and item 13 should be corrected to add the following:
* SWASM with three bronze service stars
* KLM-SA
* KLM-KU
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 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 amending his DD Form 214 by:
a. adding to item 13:
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal Saudi Arabia
* Kuwait Liberation Medal Kuwait
b. adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 1 JANUARY 1991 TO 31 AUGUST 1991."
___________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) AR20140009386
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ABCMR Record of Proceedings (cont) AR20140009386
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