BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140009850
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 in Southwest Asia in support of Operations Desert Shield/Storm.
2. The applicant states he served with the 47th Support Battalion during Operations Desert Shield/Storm. He was on the combat trains with the 2nd Battalion, 70th Armor. He served his country in combat and would like to be recognized.
3. The applicant does not provide any evidence.
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's records show he enlisted in the Regular Army on 5 April 1989. He was trained in and held military occupational specialty 63W (Wheel Vehicle Repairer).
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in:
* Germany, from 23 October 1989 to 1 January 1991 (1 year, 2 months, and 10 days)
* Saudi Arabia, from 2 January to 10 May 1991 (4 months and 9 days)
* Germany, from 11 May 1991 to 22 January 191 (i.e., 1992) (8 months and 12 days)
4. He was honorably released from active duty on 2 April 1993. His DD Form 214 shows in:
* item 12f (Foreign Service) - 0001-03-00
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Good Conduct Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Driver Badge
* Army Achievement Medal
* Item 18 (Remarks) no deployed service
5. 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.
6. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed 2 years and 3 months of foreign service in Germany and Saudi Arabia. His DD Form 214 credited him with only 1 year and 3 months. It appears an administrative error was committed. Therefore, he is entitled to correction of item 12f of his DD Form 214 to show 2 years and 3 months of foreign service.
2. The applicant's DA Form 2-1 lists his service in Southwest Asia (as Saudi Arabia) from 2 January to 10 May 1991. Therefore, he is entitled to correction of his DD Form 214 to show this period of combat service.
3. Based on his service in Southwest Asia he served during a qualifying period for award of the Kuwait Liberation Medal (Kuwait). Therefore, he is entitled to correction of his DD Form 214 to show this award.
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:
* deleting from item 12f the entry "0001-03-00" and adding the entry "0002-03-00"
* adding to item 13 the Kuwait Liberation Medal (Kuwait)
* adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910510"
_______ _ 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) AR20140009850
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ABCMR Record of Proceedings (cont) AR20140009850
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