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		IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140011282 


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 in: 

* item 12f (Foreign Service), his foreign service in Southwest Asia 
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Southwest Asia Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

2.  The applicant states:

* his unit was ordered to active duty in support of Operations Desert Shield/Desert Storm
* they deployed to Oman in the Middle East and he served at an airbase of the 1702nd Refueling Wing to provide medical support 
* he believes his DD Form 214 contains a clerical error in that it omitted the foreign service and corresponding awards 

3.  The applicant provides his DD Forms 214 ending on 5 April 1991 and 25 August 1989. 



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 12 January 1983 and he held military occupational specialties 91D (Operating Room Specialist) and 11B (Infantryman). 

3.  His available records also show he served in Germany from 20 September 1984 to 28 July 1987.  During this foreign service, he reenlisted on 26 August 1986. 

4.  He was honorably discharged from active duty on 25 August 1989.  His DD Form 214 for this period of service shows he was awarded or authorized the: 

* Army Lapel Button
* Army Service Ribbon
* Army Good Conduct Medal (2nd Award)
* Army of Occupation Medal
* Army Commendation Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Achievement Medal (1st Oak Leaf Cluster)
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars

5.  He enlisted in the U.S. Army Reserve (USAR) on 26 August 1989 and he extended his reenlistment on 15 July 1990.  He was assigned to the 338th General Hospital, Niagara Falls, NY. 

6.  He was ordered to active duty on 21 November 1990 and served in Southwest Asia from 9 January 1991 to 13 March 1991, a period of 2 months and 4 days. 

7.  He was honorably released from active duty on 5 April 1991.  His DD Form 214 for this period of service shows in: 

* Item 12f, 00-00-00
* Item 13, the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal (2nd Award)
* Army of Occupation Medal
* Army Commendation Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Achievement Medal (1st Oak Leaf Cluster)
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

* Item 18 (Remarks), "Service in Southwest Asia from 910109 to 910313" 

8.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  The period of eligibility is from 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), and Southwest Asia Cease-Fire (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 by the Government of Saudi Arabia to members of the Armed Forces of the U.S. who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991 in one or more of the following areas: Persian Gulf; Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.
	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 served in support of Operations Desert Shield or Desert Strom between 2 August 1990 and 31 August 1993 in one or more of the following areas: the Arabian Gulf; the Red Sea; the Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates.

9.  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.  Item 12f shows the foreign service completed by the Soldier during the period covered by the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Southwest Asia from 9 January 1991 to 13 March 1991, a period of 2 months and 4 days.  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show this foreign service.

2.  Based on his service in Southwest Asia he served during a qualifying period for award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).  Additionally, he participated in two campaigns during this period of service that entitles him to two bronze service stars for wear on the Southwest Asia Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

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 amending his DD Form 214 for the period ending 5 April 1991 as follows:

* deleting from item 12f the entry "00-00-00" and adding "00-02-04"
* adding to item 13 the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)



      _______ _   _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)                                         AR20140011282





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ABCMR Record of Proceedings (cont)                                         AR20140011282



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