BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150005408 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 show his service in Operation Desert Shield/Storm. 2. The applicant states he served in Operation Desert Shield/Storm and his DD Form 214 should show his service. 3. The applicant provides: * Army Review Boards Agency letter, dated 11 March 2015 * Facsimile Transmission letter, dated 6 March 2015 * Letter from Senator Richard Burr, dated 5 March 2015 * Privacy Act Authorization form * Certificate of Achievement, dated 31 January 1991 * DD Form 214 * Desert Shield/Storm Roster, dated 4 March 1991 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 Regular Army (RA), the applicant reenlisted in the RA on 30 March 1984. He completed training as an M1 Abrams Armor Crewman. 3. He was honorably released from active duty (REFRAD) on 16 June 1991. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards: * Army Service Ribbon * Overseas Service ribbon * Good Conduct Medal (Third Award) * Noncommissioned Officers Professional Development Ribbon * Expert Marksmanship Qualification Badge with Pistol Bar 4. The applicant provides a Certificate of Achievement that he received for exceptionally meritorious achievement during the period 1 December 1990 to 23 January 1991 while serving in Bravo Company, 3rd Battalion, 34th Armor, for a “Can Do” attitude and commitment to excellence instrumental to the successful completion of Task Force 3-34's mission of readying VII Corps for battle as a part of Operation Desert Shield. 5. He also provides a Desert Shield/Storm Roster showing his unit departure date as 3 December 1990 and the return date as 8 February 1991. 6. Information retrieved from the Gulf War Deployment Roster shows the applicant's deployment dates as 1 January through 31 January 1991. 7. 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 to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal 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. The Kuwait Liberation Medal 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. d. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 8. 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 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 DEPOLYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks). Only deployment in an imminent danger/hostile fire zone will be reflected. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. Although the evidence he provided shows different dates of service in Southwest Asia, information retrieved from the Gulf War Deployment Roster shows the applicant's deployment dates as 1 January through 31 January 1991. His DD Form 214 should be corrected to show this information. 3. The applicant is also authorized additional awards that are not currently reflected on his DD Form 214. These awards should be add to 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. Amending item 13 on his DD Form 214, dated 16 June 1991 to show he is authorized the following additional awards. * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Kuwait b. Amending item 18 to add the statement "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910131." _______ _ 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) AR20150005408 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005408 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1