IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20150014118 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20150014118 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 amending his DD Form 214 as follows: * adding to item 13 the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait * adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910410" __________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. IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20150014118 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 Southwest Asia in support of Operations Desert Shield/Desert Storm. 2. The applicant states his DD Form 214 does not show he served in Operation Desert Storm. He was stationed at Fort Sill, OK, at the time and believes the unit was Battery B, 5th Battalion (BN), 3rd Field Artillery (FA) Regiment. 3. The applicant provides no additional evidence. 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 24 February 1988. He served in Germany while assigned to Battery B, 5th BN, 3rd FA Regiment. In or about October 1989, he was assigned to Battery B, 2nd BN, 17th FA, Fort Sill, OK. 3. A review of the Gulf War Roster shows he served in Southwest Asia in support of Operation Desert Shield/Desert Storm with his assigned unit from 1 October 1990 to 10 April 1991. 4. He was honorably released from active duty on 20 December 1991 and he was transferred to the U.S. Army Reserves. 5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the: * Army Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar * Army Service Ribbon * National Defense Service Medal * Army Achievement Medal 6. Item 18 (Remarks) of his DD Form 214 does not contain an entry that shows his service in Southwest Asia. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states the: a. 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 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. A review of his record shows he participated in two campaigns during his service in Southwest Asia. b. Kuwait Liberation Medal-Saudi Arabia, 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. Kuwait Liberation Medal-Kuwait, 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. 2. AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, stated for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service enter in item 18 of the DD Form 214 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." DISCUSSION: 1. The evidence of record shows the applicant served in Southwest Asia from 1 October 1990 to 10 April 1991; however, his DD Form 214 does not show his foreign service or the dates of his service in Southwest Asia. 2. He participated in two campaigns during his service in Southwest Asia and served during a qualifying period for award of the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait. However, his DD Form 214 does not show any of these medals. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014118 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014118 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2