BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150001109
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 service in the Gulf War and all of his awards.
2. The applicant states his Gulf War service and his medals are not shown on his DD Form 214.
3. The applicant provides his 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 29 August 1989. He completed training as a cavalry scout. He arrived in Germany on 8 January 1990. He departed Germany en-route to the United States on 23 December 1991.
3. On 15 April 1993, the applicant was honorably released from active duty (REFRAD). He completed 3 years, 7 months, and 17 days of net active service this period.
4. Item 12f (Foreign Service) on the applicant's DD Form 214 does not show any service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:
* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Army Good Conduct Medal
* Driver Badge (T)
* Overseas Service Ribbon
5. The Gulf War Deployment Roster created by the Defense Manpower Data Center shows the applicant's deployment dates as 1 January 1991 through
26 April 1991.
6. Army Regulation 635-5 (Separation Documents) then in effect, 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 the preparation of the DD Form 214. It stated the
DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge. It stated:
a. In item 12f From the Enlisted Record Brief (ERB), enter the total amount of foreign service completed during the period covered by the DD Form 214.
b. Item 13 Decorations medals, badges, citations and campaign ribbons will be entered from information recorded on the ERB.
c. In item 18 (Remarks) 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 YYYYMMDD-YYYYMMDD" will be entered.
7. Army Regulation 600-8-22 (Military Awards) states:
a. The Southwest Asia Service Medal 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. 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 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.
c. The 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. Based on the available evidence, the applicant served in Germany from 8 January 1990 until 23 December 1991. He was deployed to Southwest Asia from 1 January until 26 April 1991. His DD Form 214 should be corrected to show his foreign service and all of his awards.
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 amending his DD Form 214 to show the following:
a. Item 12f 1 year, 11 months, 16 days;
b. Item 13 Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal (SA), and Kuwait Liberation Medal (K); and
c. Item 18 "SERVICE IN SOUTHWEST ASIA FROM 19910101-199104026."
_______ _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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