BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140011014 


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, if effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Southwest Asia Service Medal and Kuwait Liberation Medal and these medals be issued to him. 

2.  The applicant states he served in Operation Desert Storm from 9 December 1991 to 23 January 1992 and he has not received the Southwest Asia Service Medal or the Kuwait Liberation Medal.  Both of these awards were intended to recognize those military members that served and performed duties during the years of the Persian Gulf War.  

3.  The applicant provides a letter.

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 3 March 1989 and he was discharged from the DEP on 26 June 1989.

3.  On 27 June 1989, he enlisted in the Regular Army (RA).  On 9 November 1989, he was discharged from the RA by reason of not meeting procurement medical fitness standards.  

4.  The DD Form 214 he was issued for this period of service shows he completed 4 months and 13 days of net active service during this period of service (emphasis added).

5.  On 5 December 2003, he enlisted in the USAR.  He entered active duty on 7 June 2004 as a member of his USAR unit in support of Operation Iraqi Freedom.

6.  His record contains a DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes), dated 15 August 2005, wherein it shows his projected demobilization date was 20 August 2005 and he had served as follows in the:

* USAR DEP - 3 March to 26 June 1989
* RA - 27 June to 9 November 1989
* USAR (not on active duty) - 5 December 2003 to 6 June 2004
* USAR (on active duty) - 7 June 2004 to 20 August 2005 

7.  On 28 August 2005, he was honorably released from active duty to the control of his USAR unit.  He was subsequently released from the USAR.  

8.  The DD Form 214 he was issued for this period of service shows he completed 1 year, 2 months, and 21 days of net active service during this period of service and had 4 months and 13 days of prior active service.  This DD Form 214 does not show the Southwest Asia Service Medal or the Kuwait Liberation Medal.

9.  He enlisted in the RA on 29 August 2005.  He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 March 2007.  He was honorably retired on 14 October 2008 in the rank of SSG by reason of permanent disability and placed on the Permanent Disability Retired List.

10.  The DD Form 214 he was issued for this period of service does not show the Southwest Asia Service Medal or the Kuwait Liberation Medal.

11.  His record does not contain orders or any other documentation that shows he served in the USAR or RA between 10 November 1989 and 4 December 2003.

12.  The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period 17 August 1990 through December 1995.  This roster does not show that the applicant served in Southwest Asia during that period.

13.  The applicant provides a letter, dated 16 June 2014, from the Department of Veterans Affairs, Washington, DC, wherein it stated the applicant served in the Army from 27 June to 10 November 1989, 9 December 1991 to 23 January 1992, and 7 June 2004 to 14 October 2008.

14.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	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.  

	b.  The Kuwait Liberation Medal-Saudi Arabia, 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-Kuwait, 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:

The evidence of record does not show that the applicant served in Southwest Asia during a qualifying period for award of the Southwest Asia Service Medal or the Kuwait Liberation Medal.  Notwithstanding his sincerity, in the absence of evidence that shows he served in Southwest Asia during a qualifying period for these awards there is insufficient evidence upon which to grant him the requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  _X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20140011014





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ABCMR Record of Proceedings (cont)                                         AR20140011014



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