BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100029041 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Southwest Asia during Operations Desert Shield/Storm. 2. The applicant states he served in the Gulf War, so it's unjust not to include this service 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 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 9 September 1988. He completed training and he was awarded military occupational specialty 19D (Cavalry Scout). Upon his completion of training, he was assigned to Headquarters and Headquarters Troop (HHT), 2nd Armored Cavalry Regiment (ACR), Germany. 3. Item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he performed duty in an imminent danger pay area (Southwest Asia) from 8 December 1990 through 28 April 1991. 4. Item 35 (Record of Assignments) of his DA Form 2-1 shows he was assigned to HHT, 2nd ACR, in Saudi Arabia effective 8 December 1990. This item also shows he departed Saudi Arabia on 28 April 1991. 5. On 17 December 1991, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 shows he completed 3 years, 3 months, and 9 days of net active service. It further shows in: a. item 12f (Record of Service - Foreign Service) that he completed 2 years, 6 months, and 15 days of foreign service; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) that among other awards he was awarded the Southwest Asia Service Medal with 2 bronze service stars; and c. item 18 (Remarks) no participation in any named operations or campaigns. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that for: a. Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) will be entered on the DD Form 214. Each entry will be verified by the Soldier’s records. b. Item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 7. A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214. 8. Army Regulation 600-8-22 states the Kuwait Liberation Medal, issued 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. 9. Army Regulation 600-8-22 states the Kuwait Liberation Medal, issued by the Government of Kuwait (KLM-KU), 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 evidence of record shows he served in Southwest Asia from 8 December 1990 through 28 April 1991. Therefore, it would be appropriate to correct his DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA from 19901208 - 19910428." 2. The applicant's foreign service was within the regulatory timeframe for the KLM-SA and the KLM-KU, which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these 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: * Kuwait Liberation Medal - Saudi Arabia * Kuwait Liberation Medal - Kuwait b. adding to Item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901208 - 19910428." _________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) AR20100017975 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100029041 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1