BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20150000349
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 all his combat service in Operation Desert Storm.
2. The applicant states his unit was attached to the 3rd Armored Cavalry Regiment (ACR) and their combat operations as a part of Operation Desert Storm are not reflected on his DD Form 214. Also the Kuwait and Saudi Arabia ribbons are not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records to excuse an applicants 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 applicants 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 17 February 1988. He held military occupational specialty (MOS) 13B (Cannon Crewmember).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Saudi Arabia from 29 September 1990 through
5 April 1991.
4. On 16 December 1991, he was honorably released from active duty in the rank/grade of specialist/E-4. His DD Form 214 shows he completed 3 years and 10 months of net active service this period, this form further shows in:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Service Ribbon, Army Good Conduct Medal, Southwest Asia Service Medal with two bronze service stars, National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, and the Overseas Serve Ribbon; and
b. item 18 (Remarks): No entry showing deployment.
5. Army Regulation 600-8-22 (Military Awards) states the:
a. 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.
b. Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.
6. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 18 of the DD Form 214 is used to document a Soldier's participation in foreign deployments in support of named operations. Its instructions provide that for active duty Soldiers deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" was entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Saudi Arabia from 29 September 1990 through 5 April 1991.
2. He served a qualifying period of service for award of the KLM-SA and the KLM-K.
3. His DD Form 214 should be corrected to show his deployed service and the above awards.
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 to item 13 of his DD form 214 the KLM-SA and the KLM-K; and
b. adding to item 18 of his DD Form 214 the entry: "SERVICE IN SAUDI ARABIA 19900929-19910405."
____________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) AR20110005669
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ABCMR Record of Proceedings (cont) AR20150000349
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