IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017481 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: 18 April 2017 DOCKET NUMBER: AR20150017481 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 to item 13 of the applicant's final DD Form 214 the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal (Kuwait) * adding to item 18 of his final DD Form 214 the entry "Service in Southwest Asia 19911207-19910107" ___________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: 18 April 2017 DOCKET NUMBER: AR20150017481 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 award of the Southwest Asia Service Medal. 2. The applicant states he served in Southwest Asia during Operations Desert Shield/Storm from 7 December 1990 to 7 January 1991. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 2-1 (Personnel Qualification Record) * General Counseling Form 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 (RA) on 30 July 1986 and he held military occupational specialty 76Y (Unit Supply Specialist). He served in Germany from October 1986 to April 1988 3. He was honorably released from active duty on 25 April 1988. His DD Form 214 for this period shows he completed 1 year, 8 months, and 26 days of active service. 4. He again enlisted in the RA on 20 September 1988. He served in Germany from 11 October 1988 to on or about 19 February 1991. He was assigned to the 9th Engineer Battalion. 5. Item 5 (Overseas Service) of his DA Form 2-1 shows he served in Saudi Arabia from 7 December 1990 to an unknown date. 6. His service record contains: * memorandum for record (MFR), dated 24 December 1990, authored by the Supply Sergeant in Saudi Arabia * commander's statement, dated 1 January 1991, indicating "….since his arrival in Saudi Arabia, his performance…." * commander's statement, undated, indicating the applicant consulted counsel on 7 January 1990, in Saudi Arabia, regarding his separation 7. On 11 January 1991, the separation authority approved the applicant's discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). 8. On 15 February 1991, the 178th Personnel Service Company, Germany, published his separation orders. 9. He was honorably discharged on 20 February 1991. His DD Form 214 shows he completed 2 years, 5 months, and 1 day of active service. It also shows in: * Item 12f (Foreign Service), 3 years, 9 months, and 9 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and campaign Ribbons Awarded or Authorized), the Army Service Ribbon, Oversesa Service Ribbon, Army Achievement Medal, Noncommissioned Officer Professional Development Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Grenade Bar, and Army Superior Unit Award * Item 18 (Remarks) no entry regarding deployment to Southwest Asia REFERENCES: 1. 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 for: * Item 12f, enter the total foreign service outside the continental United States completed during the period covered by the DD Form 214 * Item 13, enter all awards and decorations * 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)" 2. 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 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), and Southwest Asia Cease-Fire (12 April 1991-30 November 1995). b. 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. DISCUSSION: The applicant served in Southwest Asia. Item 5 (Overseas Service) of his DA Form 2-1 shows he served in Saudi Arabia from 7 December 1990 to an unknown date. His separation packet suggests he returned to Germany on or about 7 January 1991. Both, the date of arrival and the date of departure are consistent with the dates he claims. Based on this period of service: a. He is eligible for award of the Southwest Asia Service Medal (period of eligibility is 2 August 1990 to 30 November 1995) with a bronze service star to designate his participation in the Defense of Saudi Arabia (2 August 1990-16 January 1991) campaign. b. He is eligible for award of the Kuwait Liberation Medal awarded by the Government of Kuwait (period of eligibility between 2 August 1990 and 31 August 1993). c. He is eligible to have this deployment listed in item 18 of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017481 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017481 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2