IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20140021134 


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, award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait) and their addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 March 1991.

2.  The applicant states the Southwest Asia Medal is a direct concern to a veteran being exposed to a health hazard.

3.  The applicant provides no additional evidence.

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 the cases 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.

2.  The applicant enlisted in the Regular Army on 26 September 1988 and he held military occupational specialty 19E (armor crewman).  

3.  He was honorably released from active duty on 2 November 1990 and was transferred to a U.S. Army Reserve (USAR) Control Group.  He was credited with completing 2 years, 1 month, and 7 days of active service.  His DD Form 214 for this period of service lists the:

* Army Service Ribbon
* Army Lapel Button
* Expert Marksmanship Qualification Badge with Pistol (9 millimeter (mm)) and Hand Grenade Bars

4.  Orders Number M-12-151661, issued by the USAR Personnel Center on 20 January 1991, ordered him to active duty for the purpose of mobilization not to exceed 12 consecutive months.  

5.  He entered active duty on 31 January 1991.

6.  A Statement of Training, dated 2 March 1991, shows as an Individual Ready Reserve Soldier, he had satisfactorily completed the program of instruction in conjunction with mobilization operations supporting Operation Desert Storm.

7.  He was honorably released from active duty on 12 March 1991 and was transferred to the USAR Control Group.  He was credited with completing 1 month and 12 days of service.  His DD Form 214 lists in:

* Item 12f (Foreign Service) – zero credit
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – 

* Army Service Ribbon
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (45 caliber)

* Item 18 (Remarks) – no information for service pertaining to Operation Desert Shield/Storm

8.  Order Number 070-032, issued by Headquarters, U.S. Army Training Center and Fort Dix, NJ on 12 March 1991 reassigned him to the USAR Control Group effective the same day.


9.  His DA Form 2-1 (Personnel Qualification Record – Part II) show in:

* Item 5 (Overseas Service) he served in Germany from 11 February through 4 March 1991
* Item 9 (Awards, Decorations, and Campaigns) – 

* Expert Marksmanship Qualification Badge with Pistol (9 mm) and Hand Grenade Bars
* Army Service Ribbon
* National Defense Service Medal

* Item 35 (Record of Assignment):

* he was assigned to Company C, 1st Artillery, Germany, from 13 February to 3 March 1991
* he was enroute to the Continental U.S. on 4 March 1991

10.  On 20 December 1991, the U.S. Army Verification Office, issued a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 ending on 12 March 1991 to read in:

* Item 12f – 13 days
* Item 18 – "Ordered to Active Duty In Support of Operation Desert Shield/Storm IAW 10 USC 673"

11.  The Gulf War Roster does not show he served in Southwest Asia during his period of active duty.

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

   a.  The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia on or after 2 August 1990 to 30 November 1995.  Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, Arabian Sea, Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  One bronze service star will be worn on the Southwest Asia Service Medal for participation in each designated campaign. 
   
   b.  The Kuwait Liberation Medal (Saudi Arabia) is awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991 in one or more of the following areas:  Persian Gulf; Red Sea; Gulf of Oman, Gulf of Aden, Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates for one or more days with an organization participating in ground or shore operations.

   c.  The Kuwait Liberation Medal (Kuwait) is awarded by the Government of Kuwait to members of the Armed Forces of the United States who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993 in one or more of the following areas:  the Arabian Gulf; the Red Sea; the Gulf of Oman, Gulf of Aden, Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates for one or more days with an organization participating in ground and/or shore operations.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the issuance of the DD Form 215, dated 20 December 1991, the evidence of record shows the applicant served on active duty in Germany from February to March 1991.  

2.  There is no evidence of record and he provided none showing he completed a qualifying period of service for award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), or Kuwait Liberation Medal (Kuwait) during this period.  Therefore, his 1991 DD Form 214 should not be corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case

are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20140021134





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ABCMR Record of Proceedings (cont)                                         AR20140021134



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