IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004481 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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment to Saudi Arabia. 2. The applicant states he needs his DD Form 214 corrected to enable him to apply for a benefits program. 3. The applicant provides: * DD Form 214 * Permanent Orders 1016-1 * a list of names * Orders 83-1 * 2 memoranda 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 14 May 1986. He completed training and he was awarded military occupational specialty 13B (Cannon Crewmember). 3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he was deployed to Saudi Arabia for the period 17 January to 30 March 1991, a period of 2 months and 14 days. 4. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows he qualified expert with the hand grenade and M60 machine gun on 2 July 1986 and 20 January 1989, respectively. 5. The DD Form 214 rendered at the time of his discharge contains the following information: * Item 12f (Foreign Service) shows he completed 2 months and 14 days * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows award of or authorization for the: * Army Service Ribbon * National Defense Service Medal * Driver and Mechanic Badge with Driver-Wheeled Vehicles Clasp * Army Good Conduct Medal * Army Achievement Medal * Southwest Asia Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M16) * Item 18 does not show he deployed to Saudi Arabia 6. The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 December 1995. The Desert Shield/Storm Data Base shows he served in Southwest Asia from 17 January to 30 March 1991, a period of 2 months and 14 days. 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, and similar devices awarded in recognition of accomplishments. It states: a. The 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. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. The 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. c. The 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 1991 and 28 February 1991. 8. Army Regulation 635-5 (Separation Documents), then in effect, 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 the preparation of the DD Form 214. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that for: a. item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. Do not use abbreviations; 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)." 9. The Gulf War took place from 2 August 1990 through 28 February 1991. Operation Desert Shield began 2 August 1990 and ended 16 January 1991. Operation Desert Storm began 17 January 1991 and hostilities ceased on 28 February 1991. Operation Desert Storm officially ended on 30 November 1995. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that item 18 of his DD Form 214 should be corrected to show his foreign service while deployed to Saudi Arabia was carefully considered. 2. Evidence contained in the applicant's records shows he qualified as an expert with the hand grenade and M60 machine gun. 3. The applicant's DA Form 2-1 lists his deployment to Saudi Arabia for the period 17 January to 30 March 1991. The Desert Shield/Storm Data Base shows he served 2 months and 14 days of foreign service in Southwest Asia from 17 January to 30 March 1991. Item 12f of his DD Form 214 shows he served 2 months and 14 days of foreign service; however, item 18 makes no mention of his deployment to Saudi Arabia. In view of the foregoing, it would be appropriate to correct item 18 of his DD Form 214 to reflect his deployment to Saudi Arabia. 4. The evidence of record shows he participated in one campaign while serving in Southwest Asia. Therefore, he is entitled to award of one bronze service star to be affixed to his previously-awarded Southwest Asia Service Medal. 5. His recognized period of foreign service also qualified him for award of the Kuwait Liberation Medal – Kuwait and the Kuwait Liberation Medal – Saudi Arabia. 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: a. deleting the Southwest Asia Service Medal; b. adding the following entry to item 13: "//EXPERT MARKSMANSHIP QUALIFICATION BADGE WITH HAND GRENADE BAR//EXPERT MARKSMANSHIP QUALIFICATION BADGE WITH MACHINE GUN BAR (M60)//SOUTHWEST ASIA SERVICE MEDAL WITH ONE BRONZE SERVICE STAR//KUWAIT LIBERATION MEDAL – KUWAIT//KUWAIT LIBERATION MEDAL – SAUDI ARABIA//"; and c adding the following entry to item 18: "//SERVICE IN SAUDI ARABIA FROM 19910117 – 19910330//." _______ _ _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) AR20150004481 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004481 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1