IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140019125
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 his foreign service.
2. The applicant states his DD Form 214 does not mention his service in the Persian Gulf in support of Operation Desert Shield/Storm. He has submitted claims to the Department of Veterans Affairs (VA) for several conditions that have gotten worse due to his service in support of Operation Desert Shield/Storm.
3. The applicant provides his DD Form 214 and information from the VA.
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 25 November 1987, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 12B (Combat Engineer).
3. His DA Form 2-1 shows in item 5 (Oversea Service) - Germany, 21 March 1989 to 19 July 1991.
4. On 22 July 1991, he was honorably released from active duty. The DD Form 214 issued at that time shows in:
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and M203 Grenade Launcher Bar
* block 18 (Remarks) no entries referencing deployed service
5. His name is listed in the Desert Shield/Storm Database compiled by the Defense Manpower Data Center (DMDC). The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991. The database shows he was deployed from 1 January 1991 to 26 April 1991.
6. Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for the preparation of the DD Form 214. It states:
a. For block 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 block 18.
b. For block 18, in part, enter SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).
7. As a related matter, review of the applicant's records indicates he is entitled to additional awards.
8. Army Regulation 600-8-22 (Military Awards) states the 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)
9. Army Regulation 600-8-22 states the 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.
10. Army Regulation 600-8-22 states the 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. The record shows the applicant was deployed with his unit to Southwest Asia in support of Operations Desert Shield/Storm during the period 1 January 1991 to 26 April 1991. It would be appropriate to amend block 18 of his DD Form 214 to show this foreign service.
2. He served a qualifying period of service for award of the SWASM and he participated in three campaigns. Therefore, he is entitled to correction of his DD Form 214 to show the SWASM with three bronze service stars.
3. He served a qualifying period of service for the KLM-SA and KLM-KU. Therefore, his DD Form 214 should be corrected to show these 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 making the following corrections to his DD Form 214:
a. adding to block 13 of his DD Form 214 the:
* SWASM with three bronze service stars
* KLM-SA
* KLM-KU
b. adding to block 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910426."
_______ _ 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) AR20140019125
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ABCMR Record of Proceedings (cont) AR20140019125
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