IN THE CASE OF:	  

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140013796 


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, the widow of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Certificate of Release of Discharge from Active Duty) to show his foreign service in Kuwait.

2.  The applicant states:

* she wants his DD Form 214 corrected to show his foreign service in Kuwait as part of Joint Task Force-Kuwait
* his current DD Form 214 does not reflect any foreign service at all
* the records she received from the National Archives did not appear to include any entries from the FSM's service at Fort Bragg, NC, with the 4th Squadron, 17th Cavalry Regiment
* she is applying for benefits linked to service-connected cause of death

3.  The applicant provides:

* DA Form 638-1 (Recommendation for Award of Army Achievement Medal (AAM), Army Commendation Medal, and Meritorious Service Medal)
* FSM's death certificate
* FSM's 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 FSM enlisted in the Regular Army on 2 October 1990 and trained as a helicopter repairer.

3.  The applicant provided a DA Form 638-1, dated 15 December 1992, which shows the FSM was awarded the AAM for meritorious achievement while attached to Joint Task Force-Kuwait during the period 10 October 1992 to 18 December 1992 (2 months and 9 days).  This form shows the FSM's organization as Team Echo, 4th Squadron, 17th Cavalry Regiment, Fort Bragg, NC.  This form states:

* the FSM flew over 20 incident and accident-free flying hours in support of Army Task Force-Kuwait
* the FSM dedicated numerous hours to the day-to-day maintenance of two UH-60A Blackhawks in the harsh desert environment of Kuwait for a period in excess of 60 days

4.  The FSM's DD Form 214 shows he was awarded or authorized the:

* AAM
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Aircraft Crewman Badge

5.  Item 12f (Foreign Service) of his DD Form 214 does not show any foreign service.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

6.  The FSM died on 1 July 2013.

7.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) 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 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)

8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The instructions provided that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* 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 DA Form 638-1 provided by the applicant which shows the FSM served in Kuwait from 10 October 1992 to 18 December 1992 is accepted as sufficient evidence on which to base amending items 12f and 18 of his DD Form 214.  Therefore, item 12f of his DD Form 214 should be corrected to show he completed 2 months and 9 days of foreign service and item 18 should be corrected to show he served in Kuwait from 10 October 1992 to 18 December 1992.

2.  Based on the FSM's service in Kuwait, he is authorized award of the SWASM with one bronze service star and the KLM-KU.  Therefore, his DD Form 214 should be corrected to show these medals.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the FSM's DD Form 214:

* SWASM with one bronze service star
* KLM-KU

	b.  deleting the current entry in item 12f of the FSM's DD Form 214 and replacing it with the entry "0000  02  09," and

	c.  adding the entry "SERVICE IN KUWAIT FROM 19921010-19921218" to item 18 of the FSM's DD Form 214.



      _______ _   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)                                         AR20140013796



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013796



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1