IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002948
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 his foreign service and awards for Operations Desert Shield and Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 September 1992.
2. The applicant states his DD Form 214 doesn't show his time served during Desert Storm or the medals he received while he was in-country.
3. The applicant provides no additional evidence in support of his application.
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. He previously served in the Texas Army National Guard from 31 January 1986 - 16 January 1990.
3. On 17 January 1990, he enlisted in the Regular Army. He completed basic combat and advanced individual training and was awarded military occupational specialty 71L (Administrative Specialist).
4. On 23 January 1990, he was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 41st Field Artillery at Fort Stewart, GA.
5. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Database that contains one record for each active duty member who served 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.
6. The DMDC Desert Shield/Storm Database shows the applicant participated in-theater during the period 1 August 1990 - 15 March 1991 a period of 7 months and 15 days. He participated in two campaigns.
7. On 22 September 1992, he was released from active duty. His DD Form 214 showed in:
* item 12c (Net Active Service This Period) - 2 years, 8 months, and 6 days
* item 12f (Foreign Service) - no foreign service
8. His DD Form 214 shows he was awarded the:
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
9. 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 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.
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 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.
10. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Foreign service performed during the period covered in Item 12c of the DD Form 214 was entered in Item 12f.
DISCUSSION AND CONCLUSIONS:
1. The DMDC Desert Shield/Storm Data Base shows he served in-theater for
7 months and 15 days. Therefore, item 12f of his DD Form 214 should contain the entry "00 07 15."
2. The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 August 1990 to 15 March 1991. He participated in two campaigns. He is authorized the:
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of 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 amending his DD Form 214 with a separation date of 22 September 1992 as follows:
a. item 12f - deleting "00 00 00" and adding "00 07 15" and
b. adding the following:
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait
_______ _ _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) AR20150002948
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