IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140015852
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 and his authorized awards.
2. The applicant states, in effect, that he deployed to Southwest Asia (SWA) during Operation Desert Shield/Storm; however, his DD Form 214 does not reflect that deployment or awards authorized for that service.
3. The applicant provides a copy of his 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 was serving in the United States Army Reserve (USAR) in the pay grade of E-6 when he was ordered to active duty in support of Operation Desert Shield/Storm on 12 September 1990. He reported to Fort Gordon, GA.
3. The Gulf War Deployment Roster shows those Soldiers who served in the Persian Gulf War. Review of this list shows the applicant's name for service in the Persian Gulf War during the period 1 November 1990 to 11 March 1991. He returned to Fort Gordon, GA and was released from active duty (REFRAD) on 17 March 1991 and returned to the control of his Reserve unit. He had served 6 months and 6 days of active service. His DD Form 214 issued at the time of his REFRAD shows he served 5 months and 12 days of foreign service. However, his DD Form 214 does not reflect his foreign service/deployment location or awards associated with his deployment.
4. 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)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
5. 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.
6. 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.
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. For a 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)" in item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The Gulf War Deployment Roster shows the applicant served during a qualifying period for awards of the SWASM with two bronze service stars, the KLM-L and the KLM-SA. Accordingly, they should be added to his DD Form 214.
2. The applicant deployed to SWA during the period 1 November 1990 through 11 March 1991 and is entitled to have that deployment reflected on his DD Form 214 in item 18.
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:
* Adding the awards of the SWASM with two bronze service stars, KLM-SA and KLM-K to item 13 of his DD Form 214
* Adding the entry Service in Southwest Asia from 1990110119910311 to item 18 of his 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) AR20140015852
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