IN THE CASE OF:  	 

		BOARD DATE:  23 June 2015	  

		DOCKET NUMBER:  AR20140019712


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 in Southwest Asia (SWA) during Operations Desert Shield and Desert Storm and all applicable awards for this period.

2.  The applicant states he was assigned to the 118th Military Police (MP) Company at Fort Bragg, NC on 14 January 1991.  The 118th MP Company deployed in support of Operations Desert Shield and Desert Storm; however, his DD Form 214 does not reflect his time in a combat theater of operations. 

3.  The applicant provides a cover sheet from his Veterans Service Officer and copies of his DD Form 214 and Enlisted Record Brief (ERB).

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 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 25 July 1990.  He completed one station unit training (OSUT) at Fort McClellan, AL and was awarded military occupational specialty 95B (Military Police).  

3.  Following the completion of OSUT, he attended and successfully completed the Basic Airborne Course at Fort Benning, GA.

4.  He was assigned to the 118th MP Company, Fort Bragg, NC on 14 January 1991.

5.  He was honorably discharged from the Army on 14 July 1999, in the rank/ grade of sergeant/E-5.  The DD Form 214 he was issued at the time shows in:

* Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Parachutist Badge
* Air Assault Badge
* Army Lapel Button

* Block 18 (Remarks) the absence of any entries that show he deployed in support of any named operations, including Operations Desert Shield and Desert Storm

6.  The Defense Manpower Data Center compiled the Operations Desert Shield and Desert Storm Database, which is the primary file that contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This database shows the applicant deployed to SWA in support of Operations Desert Shield and Desert Storm during the period 1 October 1990 through 15 April 1991 [the beginning date is obviously in error, since he was still attending OSUT at that time].  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area 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) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  The Kuwait Liberation Medal, issued by the Government of Saudi Arabia, 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 and 28 February 1991.

	c.  The Kuwait Liberation Medal, issued 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.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It states that for:

	a.  Item 13, the preparer should enter the awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry should be verified by the Soldier’s records.

	b.  Item 18, in the case of an active duty Soldier who deployed with his or her unit during their continuous period of active service, the preparer should enter the statement "Service in (Name of Country Deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was assigned to the 118th MP Company on 14 January 1991.  There is sufficient evidence that shows he deployed to SWA in support of Operations Desert Shield and Desert Storm, presumably some time shortly after his date of assignment to the 118th MP Company.  

2.  Since the exact date of his arrival in SWA cannot be determined, it is reasonable to establish his beginning date as 17 January 1991, which coincides with the commencement of Operation Desert Storm.  Therefore, in accordance with Army Regulation 635-5, in effect at the time, he qualifies to have his foreign service annotated on his DD Form 214.

3.  He served in Southwest Asia during a qualifying period and participated in two designated campaign phases.  Therefore, he meets the criteria for award of the Southwest Asia Service Medal with two bronze service stars. 

4.  Additionally, based on his service in Southwest Asia, he also served during a qualifying period for the Kuwait Liberation Medal awarded by the Governments of Saudi Arabia and Kuwait.  

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending Block 13 of his DD Form 214 by adding the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal – Kuwait; and 

	b.  amending Block 18 of his DD Form 214 by adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910117 - 19910415."


      _______ _   _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)                                         AR20100017975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019712



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1