BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017023
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 17 December 1993, be corrected to show:
a. Foreign service for Saudi Arabia.
b. The addition of the Kuwait Liberation Medal (Government of Kuwait).
2. The applicant states his foreign service is not accurately reflected and he should have been awarded the Kuwait Liberation Medal.
3. The applicant provides:
* certificate of achievement, signed 15 August 1993, addressed to the applicant from Operation Desert Falcon, U.S. Army Forces Central Command, Saudi Arabia
* letter from the National Personnel Records Center, dated 28 January 2008, stating no change required regarding foreign service on his
DD Form 214
* extract from his DA Form 2-1 (Personnel Qualification Record - Part II)
* 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 enlisted in the Regular Army on 3 June 1992. After completing initial training, he was awarded military occupational specialty 16T (Patriot Missile Crewmember). The highest rank/grade held was private/E-2.
3. He was honorably discharged on 17 December 1993. His DD Form 214 shows:
a. He completed 1 year, 6 months, and 15 days of net active creditable service.
b. Item 12f (Foreign Service) is blank.
c. Item 18 (Remarks) contains no entry showing he deployed.
d. He was awarded or authorized:
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
4. His DA Form 2-1 contains no entries indicating he deployed to Saudi Arabia or Kuwait. It does not show the award of the Kuwait Liberation Medal.
5. According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 2 April 1993 to 14 August 1993 for service in Saudi Arabia (4 months and 13 days). Based on this, the applicant has qualifying service for one campaign: Cease-Fire Campaign (12 April 1991 to 30 November 1995).
6. Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards. It states:
a. 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. One bronze service star will be worn on the Southwest Asia Service Medal for participation in each designated campaign.
b. Kuwait Liberation Medal awarded by the Government of Kuwait 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 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214. It states, in pertinent part:
a. Item 12f will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period).
b. Item 18, for Soldiers who deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant states his DD Form 214 does not show his foreign service in Saudi Arabia and is missing the award of the Kuwait Liberation Medal.
2. DFAS confirms his service in Saudi Arabia for the period 2 April 1993 to 14 August 1993, a total of 4 months and 13 days. Based upon this, he has qualifying service for the following awards:
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal (Government of Kuwait)
3. Based upon the foregoing, his DD Form 214 should be amended to show his foreign service in Saudi Arabia and the above awards should be added.
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 amending his DD Form 214 for the period ending 17 December 1993 as follows:
a. Item 12f, add the entry 0000/04/13.
b. Item 13, add the following awards:
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal (Government of Kuwait)
c. Item 18, add the entry "Service in Saudi Arabia 19930402-19930814."
_______ _ 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) AR20140017023
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