IN THE CASE OF:  	  

		BOARD DATE:  28 July 2015	  

		DOCKET NUMBER:  AR20140020731


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in the Middle East during Operation Desert Storm.

2.  The applicant states:

* she served in the Middle East during Operation Desert Storm and she was attached to A Company, 8th Battalion, 158 Aviation Regiment in February 1991 to April 1991
* when she was looking at her DD Form 214, she never noticed that it did not include her service during Operation Desert Storm 
* she believed it was an oversight on her part and believed it stated that she served in Operation Desert Storm elsewhere in her official record
* it was an important piece of her military history and it deserves to be noted in her record.

3.  The applicant provides a copy of her 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.  On 20 September 1990, the applicant enlisted in the Regular Army.  She was trained in and awarded military occupational specialty 92A (Automated Logistical Specialist).  

3.  On 20 October 1995, she was honorably released from active duty service due to non-retention on active duty.

4.  Item 12f (Foreign Service) of her DD Form 214 shows she served 1 year, 3 months, and 2 days of foreign service.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not show award of the Southwest Asia Service Medal (SWASM.)

6.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows Germany.

7.  Item 9 (Awards, Decorations, & Campaigns) of her DA Form 2-1 shows she was awarded the National Defense Service Medal, Army Service Ribbon, Army Good Conduct Medal, and Overseas Service Ribbon.

8.  Item 35 (Record of Assignments) of her DA Form 2-1 shows she served in Saudi Arabia from 17 February 1991 to 4 April 1991.

9.  The applicant's name is not 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 and one record for each Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.  

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

11.  Army Regulation 635-5 further states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The 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.  Her service in Saudi Arabia coincided with the Liberation and Defense of Kuwait campaign (17 January to 11 April 1991).

	b.  The Kuwait Liberation Medal (KLM) - Saudi Arabia awarded by the Kingdom 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 1991 and 28 February 1991.

	c.  The KLM - Government of Kuwait 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her record to show she served in the Middle East in support of Operation Desert Storm is supported by the evidence.

2.  Although DMDC records do not show the applicant participated in Desert Shield/Storm, her DA Form 2-1 shows she served in Saudi Arabia from 
17 February 1991 to 11 April 1991.  

3.  Based on her service in Saudi Arabia the applicant is authorized the following awards:

* SWASM with one bronze service star
* KLM - Saudi Arabia
* KLM - Government of Kuwait

4.  Based on her service in Saudi Arabia in support of Operation Desert Storm, she is also entitled to correction of her DD Form 214 to show her period of deployment.  

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 her DD Form 214 the entry:

* SWASM with one bronze service star
* KLM - Saudi Arabia; and
* KLM - Government of Kuwait

	b.  Adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910217 - 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)                                         AR20100007449



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ABCMR Record of Proceedings (cont)                                         AR20140020731



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