IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20140021060
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 item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait.
2. The applicant states:
* item 12f of his DD Form 214 shows no foreign service
* he served in Kuwait in 1992
* he was awarded the Southwest Asia Service Medal
3. The applicant provides:
* Joint Task Force-Kuwait Guardian of Freedom Certificate
* DA Form 705 (Army Physical Fitness Test Scorecard)
* 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 28 January 1992 and trained as a petroleum supply specialist. On 23 June 1994, he was honorably released from active duty.
3. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
4. His DD Form 214 shows in:
* item 12f no foreign service
* item 18 (Remarks) no deployments
5. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base. The primary Operations 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. 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. This data base shows the applicant served in Southwest Asia from 1 August 1992 to 30 November 1992 (total of 4 months).
6. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990. A bronze service star is authorized for participation in each of the following campaigns:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)
7. Army Regulation 600-8-22 states the 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.
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. It established standardized policy for preparation of the DD Form 214. The instructions stated:
a. for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record; and
b. for item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's service in Southwest Asia from 1 August 1992 to 30 November 1992, item 12f of his DD Form 214 should be corrected to show he completed 4 months of foreign service.
2. As a related issue, he is authorized award of the Southwest Asia Service Medal with one bronze service star and Kuwait Liberation Medal-Kuwait. Therefore, his DD Form 214 should be corrected to show these awards.
3. Further, the entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in Southwest Asia from 1 August 1992 to 30 November 1992. Therefore, his DD Form 214 should be corrected to show this deployed service.
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. adding the following awards to his DD Form 214:
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal-Kuwait
b. deleting current the entry in item 12f of his DD Form 214 and replacing it with the entry "00 04 00," and
c. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19920801-19921130" to item 18 of his DD Form 214.
_______ _ 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.
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