IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20140016533
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).
APPLICANTS REQUEST, STATEMENT AND EVIDENCE:
1. Applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 September 1995, to show his dates of service in Saudi Arabia and in Kuwait.
2. Applicant states he was in Saudi Arabia from 2 August 1990 to 16 January 1991 and in Kuwait from 17 January to 11 April 1991.
3. Applicant provides photocopies of his DA Form 2-1 (Personnel Qualification Record - Part II) and a letter from the National Personnel Records Center listing his awards.
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 served in the Regular Army as a supply specialist from 14 September 1983 to 13 September 1995 when he was separated in pay grade E-5 due to parenthood.
3. His Personnel Qualification Record Part II shows in:
a. item 5 (Overseas Service) he departed Germany on 4 January 1991, served in Saudi Arabia from 5 January to 9 May 1991 for 4 months in a temporary duty (TDY) status, and returned to Germany on 10 May 1991.
b. item 9 (Awards Decorations and Campaigns) credit for the Defense of Saudi Arabia Campaign and the Liberation and Defense of Kuwait Campaign.
4. The Gulf War Roster shows the applicant served in the theater of operations from 13 February through 19 May 1991.
5. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal 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)
6. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 18 of the DD Form 214 is used to document a Soldier's participation in foreign deployments in support of named operations. Instructions provide for active duty Soldiers deployed with their unit during their continuous period of active service, enter in item 18 the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was in Saudi Arabia/Kuwait from 2 August 1990 to
11 April 1991.
2. The applicants Personnel Qualification Part II shows he served in the Southwest Asia from 5 January to 9 May 1991 for 4 months in a TDY status and that he qualified for campaign credit for the Defense of Saudi Arabia Campaign (from 2 August 1990 to 16 January 1991). The Liberation and Defense of Kuwait Campaign followed immediately thereafter.
3. The Gulf War Roster shows the applicant served in the theater of operations from 13 February through 19 May 1991.
4. The dates of deployment shown on the applicants Personnel Qualification Record Part II (5 January through 9 May 1991) are apparently more accurate because these dates account for the credit for two campaign periods whereas, the data on the Gulf War Roster would not have qualified him for the Defense of Saudi Arabia Campaign. Therefore, combat deployment from 5 January through 9 May 1991 should be shown in item 18 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ 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 showing in item 18 of his 23 September 1995 DD Form 214, "SERVICE IN SAUDI ARABIA/KUWAIT FROM 19910105-19910509.
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 he was in Saudi Arabia before 5 January 1991.
___________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) AR20140016533
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ABCMR Record of Proceedings (cont) AR20140016533
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