IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140015336 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his deployment to Southwest Asia (SWA) during the period 13 February 1991 – 10 March 1991.

2.  The applicant states that he deployed to SWA during the period 13 February 1991 – 10 March 1991; however, that deployment is not reflected on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and deployment 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 enlisted in the Regular Army on 1 June 1983.  He completed his training at Fort Leonard Wood, Missouri and was transferred to Fort Jackson, South Carolina for his first assignment. 

3.  On 23 June 1988, he was transferred to Germany for assignment to Company B, 1st Battalion, 15th Infantry Regiment, for duty as a fighting vehicle infantryman.

4.  The applicant deployed to SWA as a member of a nine-man Bradley Fighting Vehicle crew in support of Operation Desert Shield during the period 13 February 1991 – 10 March 1991 (26 days).

5.  He departed Germany on 20 May 1991 and was transferred to Fort Benning, Georgia and remained there until he was transferred to Korea on 17 May 1995.  He departed Korea on 16 May 1996 and was transferred to Fort Stewart, Georgia where he remained until he was honorably discharged on 22 May 1997 due to disability with severance pay.  He had served 13 years, 11 months, and 22 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Army Achievement Medal (6th Award), Army Good Conduct Medal (4th Award), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Expert Infantryman Badge, Silver German Armed Forces Marksmanship Badge, Army Lapel Button, and his Army marksmanship badges.  It shows no indication of his deployment to SWA.

6.  A review of the applicant’s deployment orders and the records of the members of his crew show that all of the members were awarded the Southwest Asia Service Medal (SWASM) and Kuwait Liberation Medal for their deployment to SWA during the same period.

7.  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 and provides all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f (Foreign Service) and for item 18 (Remarks) for an active duty Soldier deployed to a foreign country 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)."

8.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 600-8-22 states the 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 Cease-Fire (12 April 1991 to 30 November 1995)

10.  Army Regulation 600-8-22 states 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.

11.  Army Regulation 600-8-22 states 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 deployed to SWA during the period 19910213 – 19910310 and is entitled to have this deployment reflected in item 18 of his DD Form 214.

2.  The applicant served during a qualifying period for awards of the KDSM, SWASM with one bronze service star, KLM-SA, and KLM-K and is entitled to have those awards added to his DD Form 214.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* Adding the awards of the KDSM, SWASM with one bronze service star, KLM-SA, and KLM-K to item 13 of his DD Form 214
* Adding the entry "Service in SWA 19910213 – 19910310" to item 18 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.


      _______ _   __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)                                         AR20140015336





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ABCMR Record of Proceedings (cont)                                         AR20140015336



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