IN THE CASE OF:	   

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140009824 


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.

2.  The applicant states he served in the Gulf War from October 1990 to April 1991.

3.  The applicant provides 10 Leave and Earnings Statements (LES); an Army Achievement Medal Certificate; and a Headquarters, XVIII Airborne Corps, Operation Desert Storm certificate of service.

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.  After previous enlisted service, the applicant enlisted in the Regular Army on 13 May 1987.

3.  He was released from active duty on 11 December 1992.  His DD Form 214 shows he completed 5 years, 6 months, and 29 days of net active service.  Further, it contains the following entries:

	a.  Item 12f (Foreign Service) contains the entry "0000  00  00."

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded or authorized the Southwest Asia Service Medal, Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, or Kuwait Liberation Medal awarded by the Government of Kuwait.  

	c.  Item 18 (Remarks) does not include any comments that would indicate he served in Southwest Asia.

4.  He provides a series of LESs that show he was paid overseas and danger pay from October 1990 to April 1991.

5.  The Gulf War Deployment Roster is a record of Soldiers who participated in Operations Desert Shield/Storm and served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995.  This roster shows he served in Southwest Asia from 1 October 1990 to 13 April 1991, a period of 6 months and 13 days. 

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Southwest Asia Service Medal 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 campaigns are:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 - 30 November 1995)

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter 2 states that 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)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Southwest Asia from 1 October 1990 to 13 April 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.  

2.  As a related issue, based on his service in Southwest Asia, he served during a qualifying period for award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Kingdom of Saudi Arabia), and the Kuwait Liberation Medal (Government of Kuwait).  Additionally, he participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on the Southwest Asia Service Medal.  

3.  Based on the foregoing, it would be appropriate to correct his DD Form 214 as stated below.

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.  amending item 12f of his DD Form 214 for the period ending 11 December 1992 to add the entry "0000  06  13";

	b.  amending item 13 of his DD Form 214 for the period ending 11 December 1992 to add the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait)

	c.  amending item 18 of his DD Form 214 for the period ending 11 December 1992 to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 – 19910413."  



      ___________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)                                         AR20140009824





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009824



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1