IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005025 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 served in Operation Desert Storm/Desert Shield from January 1991 to August 1991. 2. He states he was in Iraq in January 1991 and left in August 1991. He wants to be able to get an Operation Desert Storm/Desert Shield “tag” for his vehicle, but is unable to since his DD Form 214 does not show he was there. 3. The applicant does not provide any supporting documentation. 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. On 22 November 1989, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty (MOS) 63E (M1 Abrams Tank Systems Mechanic). 3. His DA Form 2-1 shows in: * item 5 (Oversea Service) - Europe-Germany - from 15 July 1990 to 28 February 1992 * item 9 (Awards, Decorations and Campaigns) – Army Achievement Medal (AAM), Army Lapel Button (ALB), Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Overseas Service Ribbon (OSR) Number 1, Expert Marksmanship Qualification Badge with Pistol Bar * item 27 (Remarks) - Duty in Imminent Danger Pay Area in Southwest Asia (SWA) from 14 December 1990 to 17 May 1991 4. On 19 November 1993, he was honorably discharged. He completed 3 years, 11 months and 28 days of net active duty service. The DD Form 214 issued at that time shows in: * item 12f (Foreign Service) – 1 year, 7 months, and 14 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * AAM * ALB * ARCOM * ASR * AGCM (1st Award) * NDSM * OSR with Number 1 * item 18 (Remarks) – no entries referencing deployed service 5. Army Regulation 635-8 (Separation Processing and Documents) establishes standardized policy for the preparation of the DD Form 214. It states: a. For item 12f, enter the total amount of service performed outside the continental United States during the period covered by the DD Form 214. In addition, list periods of deployed service in item 18. b. For item 18 (Remarks), in part, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” 6. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base. The primary Operation Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991 and one record for each Reserve and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm. A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993. The applicant served in the SWA theater for the period 1 January 1991 to 26 April 1991. 7. Army Regulation 600-8-22 (Military Awards) states the: a. Southwest Asia Service Medal (SWASM) 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 to 11 April 1991) * Southwest Cease-Fire (12 April 1991 to 30 November 1995) b. 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. 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. DISCUSSION AND CONCLUSIONS: 1. Official records show the applicant was deployed with his unit to SWA in support of Operations Desert Shield/Storm during the period 1 January 1991 to 26 April 1991 (3 months and 25 days). 2. He served a qualifying period of service for the KLM-SA, KLM-KU, and SWASM and he participated in three campaigns. Therefore, his DD Form 214 should be corrected to show these service medals. 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: * SWASM with three bronze service stars * KLM-SA * KLM-KU * Expert Marksmanship Qualification Badge with Pistol Bar b. adding to item 18 the entry "Service in Southwest Asia from 19910101 - 19910426." _______ _ 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) AR20140010472 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005025 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1