BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20150017209 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 BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20150017209 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 (Certificate of Release or Discharge from Active Duty) for the period ending 1 June 1991 as follows: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) add the following awards: * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal – SA * Kuwait Liberation Medal – KU * Korea Defense Service Medal b. Item 18 (Remarks) add "SERVICE IN SAUDI ARABIA FROM 19901227-19910508." ______________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. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20150017209 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 he is authorized the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal. He also requests correction of his DD Form 214 to show his service during Operation Desert Shield/Storm. 2. The applicant states he was not aware of the errors on his DD Form 214 until he was informed by the Department of Veterans Affairs in El Paso, Texas. 3. The applicant provides: * DD Form 214 for the period ending 1 June 1991 * NGB Form 22 (Report of Separation and Record of Service) for the period ending 30 November 1994 * DA Form 2-1 (Personnel Qualification Record – Part II) 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 enlisted service in the New Mexico Army National Guard, the applicant enlisted in the Regular Army on 2 June 1987. He held military occupational specialty (MOS) 11M (fighting vehicle infantryman) and 11B (Infantryman). 3. Item 5 (Oversea Service) of the applicant’s DA Form 2-1 shows he served in Korea from 8 August 1987 through 7 August 1988. 4. On 1 June 1991, the applicant was honorably released from active duty. His DD 214 shows he completed 4 years of creditable active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards: * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Overseas Service Ribbon * Good Conduct Medal * Expert Marksmanship Qualification Badge (Rifle M-16) * Sharpshooter Marksmanship Qualification Badge (Grenade Bar) * Noncommissioned Officer Professional Development Ribbon * Combat Infantryman Badge * Army Achievement Medal with one Oak Leaf Cluster 5. Item 18 (Remarks) on his DD Form 214 does not show his service in Operation Desert Storm. 6. Information retrieved from the Gulf War Deployment Roaster maintained on the Army Review Boards Agency portal shows the applicant's deployment dates as 27 December 1990 through 8 May 1991. His DA Form 2-1 shows he was deployed to Saudi Arabia and it shows his dates of deployment. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, 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 are: * 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) b. 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. c. 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. d. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 2. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. It stated: a. In item 13 enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. b. In item 18 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. Only deployment in an imminent danger/hostile fire zone will be reflected. DISCUSSION: 1. The applicant's service record shows he served in Korea from 8 August 1987 through 7 August 1988, a period of qualifying service for award of the Korea Defense Service Medal. 2. The evidence of record shows that the applicant was deployed to Saudi Arabia during the period 27 December 1990 through 8 May 1991. During this time he participated in three campaigns. His deployed service in Saudi Arabia meets the criteria for the Southwest Asia Service Medal with three bronze service stars, the KLM-SA, and the KLM-KU. 3. Item 18 of the applicant’s DD Form 214 does not show his dates of deployment in Saudi Arabia. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017209 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017209 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2