IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140011906 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her overseas service and awards.

2.  The applicant states she was assigned to the 26th Signal Battalion and served during the Gulf War in support of Operation Desert Shield/Storm (ODS) from December 1990 until January 1991.  She states that upon discovering she was pregnant, she was returned to her unit in Heilbronn, Germany, where she requested a discharge from the Army due to pregnancy.

3.  The applicant provides copies of some photographs and her DD Form 214.

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 Regular Army on 27 March 1990 for a period of
4 years.  She was awarded military occupational specialty 31M (Multichannel Communications System Operator).  She was advanced to private/pay grade E-2 on 27 September 1990.

3.  Her DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service):  Germany from 2 November 1990 through 
19 February 1991
* item 35 (Record of Assignments), in pertinent part, Company A, 
26th Signal Battalion (Germany) effective 3 November 1990

4.  A DD Form 2161 (Referral for Civilian Medical Care – Medical Record Consultation Sheet), dated 24 January 1991, shows the applicant consulted with a civilian doctor in Germany.

5.  The applicant's DD Form 214 shows she was honorably released from active duty (REFRAD) on 20 February 1991 due to pregnancy and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her reserve obligation.  She completed 10 months and 24 days of total active service during this period.  It also shows in:

	a.  item 12 (Record of Service), item f (Foreign Service):  3 months and 18 days;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

	c.  item 18 (Remarks):  no deployments.

6.  In support of her application the applicant provides three pages containing eight photographs with handwritten captions indicating that they are pictures of the applicant serving in the Persian Gulf during ODS.

7.  A review of the Persian Gulf War Roster shows the applicant served in Southwest Asia from 1 January 1991 to 31 January 1991.

8.  A review of the 26th Signal Battalion lineages and heraldic data shows, in pertinent part, that the unit deployed to Southwest Asia in the beginning of December 1990 and received campaign participation credit for three campaigns.
9.  A review of her military personnel records failed to reveal evidence that she was awarded the Southwest Asia Service Medal or Kuwait Liberation Medals.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

   b.  The Southwest Asia Service Medal was 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.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Persian Gulf War campaigns and shows that during the applicant's service in Southwest Asia, participation credit was awarded for the following campaigns:

* Defense of Saudi Arabia (2 August 1990-16 January 1991)
* Liberation and Defense of Kuwait (17 January-11 April 1991)

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was 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.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was 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.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214 and specified for:
	a.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

	b.  item 18 for an active duty Soldier deployed 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:

1.  The applicant contends that her DD Form 214 should be corrected to show her deployment in support of ODS and her awards.

2.  The evidence of record is inconsistent with respect to the applicant's period of overseas service in Southwest Asia in that:

* she claims service in December 1990 and January 1991
* the unit's history shows it deployed to Southwest Asia in the beginning of December 1990
* a medical record shows she was seen by a doctor in Germany on
24 January 1991
* the Gulf War Roster shows her service from 1 to 31 January 1991

	a.  Based on the best available evidence, it is concluded that the applicant served in Southwest Asia from 15 December 1990 to 23 January 1991.

	b.  Thus, item 18 of the applicant's DD Form 214 should be corrected to show this period of foreign service.

3.  The evidence of record shows the applicant qualified for award of the:

   a.  National Defense Service Medal based on her honorable active service during the period 2 August 1990 through 20 February 1991;

   b.  Southwest Asia Service Medal and she participated in two campaigns during her service in Southwest Asia; therefore, she is authorized the Southwest Asia Service Medal with two bronze service stars; and

   c.  Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.

4.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show her foreign service in Southwest Asia and her awards as recommended 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.  adding the following awards to item 13 of her DD Form 214:

* National Defense Service Medal
* Southwest Asia Service Medal with 2 Bronze Service Stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait

	b.  adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901215–19910123."



      _______ _   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)                                         AR20140011906



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ABCMR Record of Proceedings (cont)                                         AR20140011906



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