IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150008096 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 foreign service in Kuwait. 2. The applicant states his DD Form 214 does not show his period of foreign service in Kuwait from 22 March 1992 through 3 July 1992. 3. The applicant provides a copy of his DD Form 214 and a memorandum from Headquarters, U.S. Army, Kuwait, dated 6 April 1992. 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 4 September 1990. Upon completion of his initial entry training, he was awarded military occupational specialty 11M (Mechanized Infantryman). 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the Republic of Korea for 12 months from 14 November 1995 through 13 November 1996. 4. The applicant was honorably discharged from active duty on 13 June 1998 by reason of completion of required active service. He received a DD Form 214 showing: a. item 12f (Foreign Service), he was credited with completing 1 year and 1 day of foreign service. b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar * Army Lapel Button c. Item 18 (Remarks), 14 does not contain an entry indicating he served in Kuwait. 5. Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 1 April 1992 through 5 July 1992, a period of 3 months and 5 days. 6. His record indicates he is entitled to additional awards which are not shown on his DD Form 214. 7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments. It states: a. The Southwest Asia Service Medal (SWASM) 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 designated campaigns were: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) b. 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. 8. 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 specific guidance pertaining to the preparation of the DD Form 214. It states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214; and 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)." DISCUSSION AND CONCLUSIONS: 1. The applicant's period of service in the Republic of Korea from 14 November 1995 through 13 November 1996 is listed in item 12f of his DD Form 214 as 1 year and 1 day. 2. DFAS records confirm he received HF/IDP and CZTE for service in Kuwait during the period 1 April 1992 through 5 July 1992. This period of foreign service is not listed on his DD Form 214. 3. The evidence of record shows he served in Southwest Asia from 1 April 1992 through 5 July 1992. Accordingly, he met the criteria for the SWASM with one bronze service star to denote his participation in the Southwest Asia Cease-Fire campaign (12 April 1991 - 30 November 1995). 4. His service in Southwest Asia also meets the criteria for the KLM-KU. 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 by: * deleting from item 12f, the entry "0001 00 01" * adding to item 12f, the entry "0001 03 06" * adding to item 13, the entry "Southwest Asia Service Medal" and the entry "Kuwait Liberation Medal-Government of Kuwait" * adding to item 18, the entry "SERVICE IN KUWAIT FROM 19920401-19920705" _____________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) AR20130001395 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008096 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1