IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013300 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 IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013300 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 adding the entry "SERVICE IN SAUDI ARABIA FROM 19901014-19910420" to item 18 of this DD Form 214. __________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. IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013300 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 a combat veteran. 2. The applicant states: a. His DD Form 214 correctly shows he earned the Kuwait Liberation Medal and Southwest Asia Service Medal with three bronze service stars, but does not state he is a combat veteran. He requests correction of his DD Form 214 to show he is an Operation Desert Storm combat veteran. b. He served in combat in Iraq from 1990 to 1991. His unit deployed to combat to liberate Kuwait from Saddam Hussein's invasion. While in combat, he saw bloody bodies and burned bodies in vehicles. He also assisted in detaining Iraqi Soldiers fleeing U.S. bombings. He was in combat during Operation Desert Storm and would like his records corrected to represent his 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 3 January 1990. 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Saudi Arabia from 14 October 1990 through 20 April 1991. Item 9 (Awards, Decorations, and Campaigns) of this form shows he participated in the following campaigns: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) 4. On 23 June 1996, he was honorably released from active duty for completion of required active service. 5. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Army Lapel Button * Southwest Asia Service Medal with three bronze service stars * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation Medal (Saudi Arabia) * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar 6. This DD Form 214 shows no deployments in item 18 (Remarks). REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214. There was no provision to show combat veteran status on the DD Form 214. 2. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management. It establishes standardized policy for preparation of the DD Form 214. The instructions for active duty Soldiers deployed with their units during their continuous period of active service states to enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD" in item 18. DISCUSSION: 1. The applicant's request to amend his DD Form 214 to show he is a combat veteran was noted. 2. The evidence of record confirmed he deployed to Saudi Arabia in support of Operation Desert Storm from 14 October 1990 to 20 April 1991. Item 18 of his DD Form 214 does not show this deployment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013300 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013300 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2