IN THE CASE OF:	  

		BOARD DATE:	  13 October 2015

		DOCKET NUMBER:  AR20150002440 


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 authorized awards and decorations for his service in the Gulf War and Operation Desert Storm. 

2.  The applicant states:

* his record was unjust when he departed the Army 
* he did not have copies of his deployment orders when he out-processed at the Personnel Administration Center (PAC)
* the out-processing clerk advised him she was unable to type any awards or decorations relating to Operations Desert Shield/Desert Storm without orders
* he asked if he could go home and get his orders because no one informed him he would need the orders but the clerk told him she could not wait and she had to proceed without them
* he immediately contacted his commander who told him he would speak with the PAC commanding officer and to get the orders at lunch and bring them back 
* he spoke with the PAC commanding officer when he returned from lunch and he was advised that his paperwork had been signed and sealed and there was nothing he could do
* he showed the PAC commanding officer his orders and he was told to hold onto the orders, that he should not have a problem as long as he had the orders, and that he could change his DD Form 214 at a later date
* he has been denied benefits and he has been passed over for jobs because his service in Operation Desert Storm is not recorded on his DD Form 214
* he wants to receive what he deserves and earned while serving his country and the Army
* he is currently employed as a senior police officer for the Metropolitan Atlanta Rapid Transit Authority in Atlanta, GA, and he served as a correctional officer for the State of Georgia for 12 years and a substitute teacher for Liberty County School System for 2 years after his discharge
* he is willing to appear before the Board

3.  The applicant provides:

* Headquarters, Fort Stewart Orders 18-34, dated 25 January 1991
* DA Form 3645-1 (Additional Organizational Clothing and Individual Equipment Record)
* International Certificates of Vaccination
* Photograph
* DD Form 214, copy 1 and copy 4

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 20 November 1986.  

3.  Headquarters, Fort Stewart Orders 18-34, dated 25 January 1991, reassigned him to the 24th Replacement Detachment, Dhahran, Saudi Arabia, effective 29 January 1991.

4.  The applicant's name appears on the Gulf War Deployment Roster showing he served in Southwest Asia from 25 January 1991 through 5 April 1991.

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

		a.  item 5 (Oversea Service) – Germany, from 12 February 1989 through 11 February 1991 and

		b.  item 9 (Awards, Decorations, and Campaigns):

 * Army Service Ribbon
 * Army Achievement Medal (2nd Award)
 * Army Good Conduct Medal (1st Award)
 * Noncommissioned Officer Professional Development Ribbon
 * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  On 1 April 1992, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he completed 5 years, 4 months, and 12 days of creditable active military service.

7.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "02 00 00."

8.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show any Gulf War awards.

9.  Item 18 (Remarks) of the applicant's DD Form 214 does not show a period of deployment.

10.  He provided a copy of his International Certificates of Vaccination which shows various immunizations he received on 15 January 1991 and a
DA Form 3645-1 that shows various equipment issued to him on 29 January 1991.  He also provided a photograph identified as him on a camel in front of Khobar Towers.

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

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area 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 campaigns include:

   *	Defense of Saudi Arabia (2 August 1990-16 January 1991)
   *	Liberation and Defense of Kuwait (17 January-11 April 1991)

	b.  The Kuwait Liberation Medal, 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 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.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 stated 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 item 18.

DISCUSSION AND CONCLUSIONS:

1.  Sufficient evidence has been presented showing the applicant served in Southwest Asia during the period 25 January 1991 through 5 April 1991.
His DD Form 214 should be corrected to show this deployment.

2.  Records show the applicant completed a qualifying period of service for the following awards, which are not listed on his DD Form 214:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

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 his DD Form 214:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	b.  adding to item 18 of his DD Form 214 the statement "SERVICE IN SOUTHWEST ASIA FROM 19910125-19910405".



      _____________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)                                         AR20150002440



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ABCMR Record of Proceedings (cont)                                         AR20150002440



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