BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002172 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 BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002172 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: a. adding the following awards to his DD Form 214 for the period ending 11 May 1992: * Southwest Asia Service Medal with one bronze service star * Kuwait Liberation Medal-Kuwait b. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910901-19920131" 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. BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002172 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) for the period ending 11 May 1992 to show his deployment in Southwest Asia (SWA). 2. The applicant states his deployment to SWA in support of Operation Determined Resolve was never added to his DD Form 214. He doesn't know the reason why. He wants Department of Veterans Affairs healthcare benefits. 3. The applicant provides an Army Achievement Medal (AAM) Certificate. 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. Having prior service in the Regular Army from January 1985 to January 1988, the applicant enlisted in the Regular Army on 13 April 1988 for a period of 4 years. 3. He provided an AAM Certificate, dated 21 January 1992, showing he was awarded the AAM for meritorious service while serving as a power generation equipment repairman while deployed to SWA in support of Operation Determined Resolve from 27 September 1991 to 30 January 1992. 4. On 11 May 1992, he was honorably released from active duty for the convenience of the government under the Fiscal Year 1992 Early Transition Program. 5. His DD Form 214 for the period ending 11 May 1992 shows he was awarded or authorized the: * Army Service Ribbon * National Defense Service Medal * AAM (5th Award) * Army Good Conduct Medal (2nd Award) * Overseas Service Ribbon * Driver and Mechanic Badge with Driver-W Bar 6. Item 18 (Remarks) of this DD Form 214 shows no deployments. 7. The Gulf War Roster shows the applicant served in SWA from 1 September 1991 to 31 January 1992. 8. The Defense Manpower Data Center compiled the Operations Desert Shield/ Desert Storm database. The primary Operations 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. A phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993. This database shows the applicant served in SWA from 1 September 1991 to 31 January 1992. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in SWA and the contiguous waters or airspace thereover 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 1991 to 11 April 1991) * SWA Cease-Fire (12 April 1991 to 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. 2. 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. The instructions stated for 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)." DISCUSSION: 1. The Defense Manpower Data Center database shows the applicant served in SWA from 1 September 1991 to 31 January 1992. Item 18 of his DD Form 214 for the period ending 11 May 1992 does not show this deployment. 2. As a related issue, he is authorized award of the SWA Service Medal with one bronze service star and Kuwait Liberation Medal-Kuwait based on his service in SWA. His DD Form 214 for the period ending 11 May 1992 does not show these medals. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002172 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002172 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2