BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150003740
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 Persian Gulf War and award of the appropriate service medals or ribbons.
2. The applicant states his records are in error because they do not show he served in the Persian Gulf War from 1990-1991 nor was he awarded the appropriate campaign ribbons for that service.
3. The applicant provides copies of his DD Form 214, a DoD Military Service Information sheet (pages 348-349), and his 1 August 1990 30 April 1991 leave and earnings statements (LES).
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. With prior active and inactive service, the applicant enlisted in the Regular Army on 23 July 1987 and served on active duty until his honorable discharge on 29 September 1992.
3. His DD Form 214 shows 11 months and 29 days of foreign service and lists no awards for service in the Persian Gulf War (Southwest Asia).
4. The applicants DOD Military Service Information Sheet, as updated on 18 September 2014, shows the applicant served in the Gulf War I theater from 1 August 1990 thru 26 March 1991. The LESs he provided also show his receipt of hazardous duty pay for the period indicated.
5. The Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Block 18 (Remarks) is to be used for mandatory entries when a separate block is not available for an entry. The current regulation states for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
6. Army Regulation 600-8-22 (Military Awards) provides that:
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. A bronze service star is authorized for the:
* 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 (KLMSA) 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
(KLMK) 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:
The available evidence supports his service in the Persian Gulf War from 1 August 1990 thru 23 March 1991. Thus, it would be appropriate to add the location and his dates of service for this deployment to his DD Form 214. The applicant's service during the Persian Gulf War qualifies him for award of the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal Saudi Arabia, and the 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 18 of his DD Form 214 the statement, "SERVICE IN SOUTHWEST ASIA FROM 1990080119910326"; and
b. adding the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal Saudi Arabia, and Kuwait Liberation Medal Kuwait to his DD Form 214.
__________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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