IN THE CASE OF: BOARD DATE: 28 January 2014 DOCKET NUMBER: AR20130008852 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) for the period ending 28 September 1994 to show award of the Southwest Asia Service Medal (SWASM). 2. The applicant states he was "mobilized" in support of Operations Desert Shield/Desert Storm in 1991. 3. The applicant provides a copy of his DD Form 214 for the period ending 28 September 1994. 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. Having prior enlisted service in the Regular Army, the applicant again enlisted in the Regular Army on 8 October 1987. On 28 September 1994, he was honorably discharged by reason of reduction in force. 3. His DD Form 214 for the period ending 28 September 1994 shows he was awarded or authorized the: * Army Achievement Medal (2nd Award) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal * Army Lapel Button * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon (2nd Award) * Expert Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar 4. Item 18 (Remarks) of his DD Form 214 for the period ending 28 September 1994 does not show any deployments. 5. Item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows the entry "DUTY IN IMMINENT DANGER PAY AREA (SOUTHWEST ASIA) (910216-910315)." 6. His DA Form 2A (Personnel Qualification Record – Part I) prepared on 20 September 1994 shows his last combat tour was in Saudi Arabia in March 1991. 7. Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the SWASM to Army members 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 participation in each of the following campaigns: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) 8. Army Regulation 600-8-22 states 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. 9. Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded 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. 10. 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. It establishes standardized policy for preparation of the DD Form 214. The regulation states 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. Based on the applicant's service in Southwest Asia from 16 February to 15 March 1991, he is authorized award of the SWASM with one bronze service star, KLM-SA, and KLM-KU. Therefore, his DD Form 214 for the period ending 28 September 1994 should be corrected to show these awards. 2. The entry from his DA Form 2-1 is accepted as sufficient evidence with which to correct item 18 of his DD Form 214 for the period ending 28 September 1994 to show his dates of service in Southwest Asia. Therefore, item 18 of this DD Form 214 should be corrected to show he served in Southwest Asia from 16 February to 15 March 1991. 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 the following awards to his DD Form 214 for the period ending 28 September 1994: * SWASM with one bronze service star * KLM-SA * KLM-KU b. adding the statement "SERVICE IN SOUTHWEST ASIA FROM 19910216-19910315" to item 18 of his DD Form 214 for the period ending 28 September 1994. __________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) AR20130008852 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130008852 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1