IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140016466
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Southwest Asia (SWA).
2. The applicant states:
* her deployment to the Persian Gulf is not shown on her DD Form 214
* she is trying to apply for Department of Veterans Affairs medical benefits
3. The applicant provides:
* DD Form 214
* military service data document
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 18 July 1985 for 3 years. She completed her training and was awarded military occupational specialty 88M (motor transport operator).
3. Item 27 (Remarks) of her DA Form 2-1 (Personnel Qualification Record Part II) shows she performed duty in an imminent danger pay area (SWA) from 16 December 1990 to 23 January 1991.
4. On 5 April 1991, she was honorably released from active duty.
5. Her DD Form 214 shows she was awarded or authorized the:
* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Driver and Mechanic Badge
6. Item 18 (Remarks) of her DD Form 214 does not show any deployments.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Southwest Asia Service Medal (SWASM) was awarded to members of the Armed Forces of the United States serving in SWA 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)
* SWA Cease-Fire (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 was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.
c. The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) was approved on 9 November 1995 and was 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.
8. 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 regulation stated that 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 deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The entry in item 27 of the applicant's DA Form 2-1 is accepted as sufficient evidence with which to correct item 18 of her DD Form 214 to show her dates of service in SWA. Therefore, item 18 of her DD Form 214 should be corrected to show she served in SWA from 16 December 1990 to 23 January 1991.
2. As a related issue, she is authorized award of the SWASM with two bronze service stars, KLM-SA, and KLM-KU based on her service in SWA. Therefore, her DD Form 214 should be corrected to show these awards.
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 award of the SWASM with two bronze service stars, KLM-SA, and KLM-KU to her DD Form 214; and
b. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901216-19910123" to item 18 of her 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) AR20140016466
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