IN THE CASE OF:  	  

		BOARD DATE:  28 May 2015	  

		DOCKET NUMBER:  AR20140016739 


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 award of the Southwest Asia Service Medal (SWASM).

2.  The applicant states that he served with Headquarters and Headquarters Battery, 1st Battalion, 17th Field Artillery (HHB, 1st BN, 17th FA), 3rd Corps in support of Operation Desert Storm (ODS) from October 1990 to March 1991.  His unit deployed to the border of Iraq and Saudi Arabia prior to the commencement of ODS, then crossed into Iraq, and finally moved into Kuwait.  He states that his DD Form 214 shows he served overseas for six (6) months, but it does not show any other information pertaining to his service in Southwest Asia (SWA).  He adds that he has attempted to obtain his records and have them corrected, but he has not had any success.

3.  The applicant provides a copy of his DD Form 214 and a National Personnel Records Center (NPRC) letter.

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 (RA) on 23 May 1989 for a period of 4 years.

   a.  Upon completion of training he was awarded military occupational specialty 13C (Tactical Fire Operations Specialist).  He attained the rank of specialist four/pay grade E-4.

   b.  He reenlisted in the RA on 8 October 1992 for a period of 4 years.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service), he served in Saudi Arabia from 5 October 1990 through 4 April 1991
* item 9 (Awards, Decorations and Campaigns) does not list the SWASM
* item 35 (Record of Assignments), he was assigned to HHB, 1st BN,
17th FA, Fort Sill, OK, effective 20 July 1989

4.  His DD Form 214 shows he was honorably discharged on 2 November 1993.  He had completed 4 years, 5 months, and 10 days of net active duty service during this period that included 6 months of foreign service.  It also shows in:

* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* National Defense Service Medal
* Army Commendation Medal
* Driver and Mechanic Badge
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

* item 18 (Remarks) does not show his service in SWA

5.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the SWASM or the Kuwait Liberation Medals.

6.  In support of his application the applicant provides a copy of an NPRC letter, dated 29 July 2014, that shows he was provided extract copies of essential documents from his Official Military Personnel File.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The SWASM is awarded to members of the Armed Forces of the United States who participated in ODS in the designated area on or after 2 August 1990 to 30 November 1995.  

	 	(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

    	(2)  Table B-1 contains a list of SWA Conflict campaigns and it shows that during the applicant's tour in SWA participation credit was awarded for the following campaigns:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991)

	b.  The Kuwait Liberation Medal (KLM) 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 1991 and 28 February 1991.

	c.  The KLM awarded by the Government of Kuwait (KLM–K) 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 that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

	a.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and


	b.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his overseas service in SWA and all of his authorized awards.

2.  The evidence of record shows the applicant deployed with his unit and served in SWA (Saudi Arabia, Iraq, and Kuwait) during the period 5 October 1990 through 4 April 1991.  Thus, item 18 of his DD Form 214 should be corrected to show his foreign service in SWA.

3.  The evidence of record shows the applicant's service in support of ODS in SWA qualified him for award of the:

   a.  SWASM and he participated in two campaigns during his service in SWA.  Thus, he is authorized award of the SWASM with two bronze service stars.

   b.  KLM-SA and the KLM-K.  

4.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his overseas service and awards, as recommended below.

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:

   a.  adding to item 13 of his DD Form 214 the:

* Southwest Asia Service Medal with 2 Bronze Service Stars
* Kuwait Liberation Medal–Saudi Arabia
* Kuwait Liberation Medal–Kuwait

   b.  adding to item 18 of his DD Form 214 the statement "SERVICE IN SOUTHWEST ASIA (SAUDI ARABIA/IRAQ/KUWAIT) 19901005-19910404."




      __________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)                                         AR20140016739



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ABCMR Record of Proceedings (cont)                                         AR20140016739



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