BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160002209 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: 1 August 2017 DOCKET NUMBER: AR20160002209 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.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "00  07  12," b.  adding the following awards to item 13 of his DD Form 214: * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait c.  adding the entry "SERVICE IN SAUDI ARABIA FROM 19900901-19910412" to item 18 of his 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: 1 August 2017 DOCKET NUMBER: AR20160002209 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 his foreign service in support of Operations Desert Shield/Desert Storm. 2. The applicant states: a.  His foreign service in support of Operations Desert Shield/Desert Storm is not shown on his DD Form 214. b.  He left Fort Bragg, NC, on 28 August 1990 and he returned on 11 April 1991. 3. The applicant provides: * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 8 November 2015 * Headquarters, 5th Battalion, 8th Field Artillery Regiment, letter, dated 23 August 1990 * newspaper article, undated * VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), dated 8 November 2015 * DD Form 214 * Congressional correspondence 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 14 August 1986. 3. He provided: a.  a letter from Headquarters, 5th Battalion, 8th Field Artillery Regiment, dated 23 August 1990, which advised his parents of his pending departure from Fort Bragg, NC, to an undisclosed location in Saudi Arabia on an unknown date. His parents were also provided a mailing address and advised of mail restrictions; and b.  a news article, undated, about him and announcing his shipment to the Middle East on 28 August (1990). 4. On 11 February 1992, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 05  05  28 * item 12f (Foreign Service) – 00  00  00 * item 18 (Remarks) – no entry for deployment or location 5. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and item 3 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) do not show any authorized awards for Operations Desert Shield/Desert Storm. 6. On 7 January 2017, the applicant was advised the ABCMR is not an investigative agency and he was asked to provide copies of his leave and earnings statement(s) for the period of his deployment in support of Operations Desert Shield/Desert Storm. He was also provided instructions for obtaining this information and given 90 days to submit the requested information. He did not respond. 7. The Persian Gulf War Roster lists the applicant's social security number, the last five letters of his last name, and his military occupational specialty. This roster shows he was deployed during the period 1 September 1990 to 12 April 1991 in support of Operations Desert Shield/Desert Storm while assigned to unit identification code WHXXXX. 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 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 designated campaigns are: * Defense of Saudi Arabia (2 August 1990-16 January 1991) * Liberation and Defense of Kuwait (17 January-11 April 1991) * Southwest Asia Cease-Fire (12 April 1991-30 November 1995) b.  The Kuwait Liberation Medal-Saudi Arabia 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 1991 and 28 February 1991. c.  The Kuwait Liberation Medal- Kuwait 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 that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a.  The instructions for item 12f stated to enter the total amount of foreign service completed during the period covered in item 12c. b.  The regulation in effect at the time, did not provide for recording deployments on the DD Form 214; however, the current version of the regulation prescribes that 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)" in item 18. DISCUSSION: 1. While the Persian Gulf War Roster does not show the specific countries of service, it shows the applicant served in the Persian Gulf War during the period 1 September 1990 to 12 April 1991, a period of 7 months and 12 days. Item 12f of his DD Form 214 does not show this foreign service. 2. Current regulatory guidance provides for recording deployments on the DD Form 214. Item 18 of his DD Form 214 does not show his deployed service in Southwest Asia from 1 September 1990 to 12 April 1991. 3. He served a qualifying period for award of the Southwest Asia Service Medal and he participated in two campaigns. His DD Form 214 does not show award of the Southwest Asia Service Medal with two bronze service stars. 4. The available evidence also shows he completed a qualifying period of service for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait. His DD Form 214 does not show these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002209 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002209 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2