IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140012325
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 he served in the Gulf War.
2. The applicant states he served in the Gulf War from 1 October 1990 until 8 April 1991.
3. The applicant provides:
* DD Form 214, dated 13 March 1992
* New York State Teachers' Retirement System letter, dated 22 April 2014
* New York State Teachers' Retirement System letter, dated 25 April 2014
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 29 December 1980. He completed training as a radio operator. He remained on active duty through continuous reenlistments.
3. Information retrieved from the Gulf War Deployment Roster maintained on the Army Review Boards Agency portal shows the applicant served in Southwest Asia from 1 October 1990 through 8 April 1991.
4. The applicant was honorably discharged on 13 March 1992. Item 18 (Remarks) on his DD Form 214 does not show his service in Southwest Asia.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 does not list the awards to which he is authorized as a result of his service in Southwest Asia.
6. The applicant provides two letters from the New York State Teachers' Retirement System addressing his request for entitlement to military service credit.
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing the DD Form 214. It stated 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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in Item 18.
8. Army Regulation 600-8-22 (Military Awards) states:
a. The Southwest Asia Service Medal (SWASM) 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. 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 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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
(KLM-K) 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's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows that he served in Southwest Asia during the Persian Gulf War from 1 October 1990 until 8 April 1991. His DD Form 214 should be amended to show his service in Southwest Asia and the awards he is authorized for that service.
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, dated 13 March 1992, by adding in:
a. Item 13 the SWASM with two bronze service stars, KSM-SA, and KSM-K; and
b. Item 18 "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910408."
_______ _ __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) AR20140012325
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ABCMR Record of Proceedings (cont) AR20140012325
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