BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140012197 


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 service in the Persian Gulf. 

2.  The applicant states, in effect, his DD Form 214 does not show this service.

3.  The applicant provides:

* Letter from the National Personnel Records Center
* Certification of Military Service
* DA Form 2-1 (Personnel Qualification Record)
* DD Form 4 (Enlistment/Reenlistment Document) 
* Chronological Statement of Retirement Points 
* Separation orders 
* Certificate of Commendation - Operation Desert Storm 
* Certificate of Achievement 
* Scroll of Appreciation
* U.S. Army Reserve (USAR) discharge orders 

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 28 August 1985 and he held military occupational specialties 93P (Flight Operations Coordinator).  He reenlisted on 21 January 1988. 

3.  His available records also show he served in Germany from 29 December 1988 to 24 August 1992.  He was assigned to G Company, 1st Aviation Regiment, 1st Armored Division. 

4.  He was honorably discharged from active duty on 17 August 1993.  His DD Form 214 for this period of service shows he completed 3 years and 8 months of foreign service.  It also shows in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* Army Achievement Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Air Assault Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
* Army Service Ribbon

* Item 18 (Remarks) does not list any service in Southwest Asia. 

5.  He enlisted in the USAR on 4 June 1993.  He was ultimately discharged from the USAR on 9 May 1995. 

6.  His name is shown on the Gulf Roster as having received danger pay from 21 December 1990 to 27 April 1991. 

7.  His records contain a DA Form 2A (Personnel Qualification Record-Part I) that shows his last combat tour was through 1991/04, but his DA Form 2-1 (Personnel Qualification Record-Part II) does not show he served in Southwest Asia anywhere.  Normally, such service would be shown in item 5 (Overseas Service) or item 27 (Remarks).  However, item 9 (Awards, Decorations, and Campaigns) shows the entries: 

* Southwest Asia Service Medal with two bronze service stars
* The Defense of Saudi Arabia and the Defense and Liberation of Kuwait campaigns

8.  He provides and his records contain a Certificate of Commendation issued by VII Corps, Saudi Arabia, indicating he served with the VII Corps forces in support of Operation Desert Storm for the Liberation of Kuwait with no dates indicated. 

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

	a.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are Defense of Saudi Arabia (2 August 1990-16 January 1991), Liberation and Defense of Kuwait (17 January-11 April 1991), and 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.

10.  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.  Item 18 documents a Soldier's participation in foreign deployments in support of named operations.  For active duty Soldiers deployed with their units during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's contention that he served in Southwest Asia.  Although he did not provide his exact dates of service, he provides a certificate of commendation confirming his service in Southwest Asia, albeit with no dates.  His DA Form 2A reflects his last combat tour was through April 1991, and his name is shown on his Gulf Roster as having served in Southwest Asia from 21 December 1990 to 27 April 1991.  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).

3.  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 17 August 1993 as follows:

* adding to item 13 the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)

adding to item 18 the entry "Service in Southwest Asia from 19901221-19910427" 



      _________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)                                         AR20140012197





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ABCMR Record of Proceedings (cont)                                         AR20140012197



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