IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20140016062 


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 combat service in Iraq. 

2.  The applicant states he was deployed with the 1st Infantry Division out of Fort Riley, KS, and fought in combat in Iraq and Kuwait.  

3.  The applicant provides a certificate awarding him the Army Commendation Medal. 

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 16 November 1984 and he held military occupational specialties 88M (Motor Transport Operator).  He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank of sergeant. 

3.  His available records also show he served in:

* Korea, from 15 September 1986 to 10 September 1987; 11 months and 27 days
* Saudi Arabia (Southwest Asia) from 29 December 1990 to 15 May 1991; 4 months and 17 days

4.  He was honorably discharged from active duty on 15 January 1992.  His DD Form 214 shows in:

* Item 12f (Foreign Service) – 01-02-12
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: 

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal (2nd Award)
* Driver Badge
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Driver Badge with Wheel Vehicle Clasp
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Achievement Medal (1st Oak Leaf Cluster)
* Army Commendation Medal 

* Item 18 (Remarks), no entry regarding deployment or combat service

5.  He provides a certificate, dated 24 May 1991, that shows he was awarded the Army Commendation Medal for meritorious achievement during Operation Desert Storm. 

6.  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.

7.  Army Regulation 600-8-22 also provides for the following awards: 

	a.  The Southwest Asia Service Medal is awarded to members 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 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.

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Southwest Asia from 29 December 1990 to 15 May 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this combat service.  

2.  There is no evidence the applicant served in Iraq during this period.  But even if he had, the designated location for service in support of Operations Desert Shield/Storm is "Southwest Asia" not Iraq.  Therefore, he is not entitled to this portion of the requested relief.  

3.  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).  Additionally, he participated in three campaigns during this period of service that entitles him to three 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.

4.  The applicant's service in Korea from 15 September 1986 to 10 September 1987 entitles him to award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

BOARD VOTE:

________  ________  ________  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:   

* adding to item 13 the Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and Korea Defense Service Medal
* adding to item 18 the entry "Service in Southwest Asia from 19901229-19910515" 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing combat service in Iraq.  



      _______ _   _______   ___
               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)                                         AR20140016062



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ABCMR Record of Proceedings (cont)                                         AR20140016062



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