IN THE CASE OF:	  

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20140017459


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 he served in Operation Desert Storm from 14 December 1990 to 17 May 1991.

2.  He states he served in Operation Desert Storm while he was stationed in Germany with C Company, 1st Signal Battalion.  He is trying to get secondary insurance through the Department of Veterans Affairs (VA) but he needs proof that he served in Desert Storm.

3.  He provides his:

* DD Form 214
* DA Form 2-1 (Personnel Qualification Record)
* Orders 255-36, dated 23 October 1992

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.  On 21 June 1988, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty (MOS) 31R (Multichannel Transmission Systems Operator).

3.  His DA Form 2-1 shows in:

* item 5 (Oversea Service) - Europe-Germany - from 8 May 1990 to 
25 March 1993
* item 9 (Awards, Decorations and Campaigns) – Kuwait Liberation Medal
* item 27 (Remarks) - Duty in Imminent Danger Pay Area in Southwest Asia (SWA) from 14 December 1990 to 17 May 1991 

4.  On 8 July 1996, he was honorably discharged.  The DD Form 214 issued at that time shows in:

* item 12f (Foreign Service) – 2 years, 10 months, and 18 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Army Lapel Button
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal 
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

* item 18 (Remarks) – no entries referencing deployed service

5.  He provides Orders 255-36, issued by the 189th Personnel Service Company, dated 23 October 1992, which changed his primary MOS.

6.  Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for the preparation of the DD Form 214.  It states:

	a.  For item 12f, enter the total amount of service performed outside the continental United States during the period covered by the DD Form 214.  In addition, list periods of deployed service in item 18.

	b.  For item 18, in part, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).”  

7.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operation Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 and one record for each Reserve and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  The applicant served in the SWA theater for the period from 13 February 1991 to 31 July 1991.

8.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Southwest Asia Service Medal (SWASM) 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)

	b.  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.  Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant indicated he initially served during a slightly different period of service, he did not provide evidence such as leave and earnings statements, travel orders, or related official documents to support the dates he contends are correct.  However, official records show the applicant was deployed with his unit to SWA in support of Operations Desert Shield/Storm during the period 13 February 1991 to 31 July 1991 (5 months and 15 days).  
2.  He served a qualifying period of service for the KLM-SA, KLM-KU, and SWASM and he participated in two campaigns.  Therefore, his DD Form 214 should be corrected to show these service medals.

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:

* SWASM with two bronze service stars
* KLM-SA
* KLM-KU

	b.  adding to item 18 the entry "Service in Southwest Asia from 19910213 - 19910731."



      ____________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)                                         AR20140010472



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ABCMR Record of Proceedings (cont)                                         AR20140017459


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