IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: 20150004508 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add his foreign service during the Gulf War and all awards which he may be entitled to receive as a result of this service. 2. The applicant states, in effect, his DD Form 214 does not reflect his service during the Gulf War or the various service medals to which he is entitled as a result of this service. 3. The applicant provides a copy of his DD Form 214. 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 7 July 1987 and he held military occupational specialty 13B (Cannon Crewmember). The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Germany from 30 October 1987 to 25 October 1989 and in Saudi Arabia from on or about 6 January to 30 March 1991. 4. The applicant was honorably released from active duty on 30 April 1991. His DD Form 214 shows he completed 3 years, 9 months, and 3 days of net active service, of which a period of 2 years, 2 months, and 21 days was credited as foreign service and a period of 21 days was credited as lost time. Additionally: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the: * Army Achievement Medal * Army Good Conduct Medal * Army Service Ribbon * National Defense Service Ribbon * Overseas Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification with Grenade Bar * Army Lapel Button b. Item 18 (Remarks) does not list his service in Saudi Arabia. 5. 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 trophies, and similar devices awarded in recognition of accomplishments. It also 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 campaigns are: * Defense of Saudi Arabia (2 August 1990 - 16 January 1991) * Liberation and Defense of Kuwait (17 January - 11 April 1991) * Cease-Fire Campaign (12 April 1991 - 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; and 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. 6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. Chapter 2 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. The applicant served in Saudi Arabia from on or about 6 January to 30 March 1991. Accordingly, he met the criteria for the Southwest Asia Service Medal with two bronze service stars to denote his participation in the Defense of Saudi Arabia campaign (2 August 1990 - 16 January 1991) and the Liberation and Defense of Kuwait (17 January - 11 April 1991), as established in Army Regulation 600-8-22. However, this award is not documented on his DD Form 214. 2. The applicant's period of service in Saudi Arabia falls within the period of service (7 January to 28 February 1991) covered by the KLM-SA, as established in Army Regulation 600-8-22. However, this award is not documented on his DD Form 214. 3. The applicant's period of his service in Saudi Arabia/participation in the Gulf War falls within the period of service (2 August 1990 and 31 August 1993) covered by the KLM-KU, as established in Army Regulation 600-8-22. However, this award is not documented on his DD Form 214. 4. The applicant's period of service in Saudi Arabia is not reflected in item 18 of his DD Form 214. 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: a. adding to item 13 of his DD Form 214 the: * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal - Saudi Arabia * Kuwait Liberation Medal - Kuwait b. adding to item 18 of his DD Form 214, the entry "SERVICE IN SAUDI ARABIA FROM 19910106 – 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) 20150004508 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) 20150004508 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1