BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160007729 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160007729 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 support of Operation Desert Storm and associated medals. 2. The applicant states the "Gulf War Campaign Badge" or the "Desert Storm Ribbon" is not on his DD Form 214. He did not notice the error until he filed for benefits. 3. The applicant provides a U.S. Air Force (USAF) DD Form 214 for the period 9 June 1986 to 8 June 1990 and a U.S. Army DD Form 214 for the period 4 April 1991 to 3 April 1992. 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 had prior service in the USAF, the applicant enlisted in the Regular Army for 4 years on 4 April 1991. He completed basic combat training (BCT) at Fort Sill, OK, from 12 April to 6 June 1991. 3. He departed Fort Sill on 6 June and arrived at Fort Bliss, TX, on 7 June 1991 for completion of advanced individual training (AIT) in military occupational specialty (MOS) 24T (Patriot Operator and Systems Mechanic). 4. Following a series of academic and/or Army Physical Fitness Test failures, his chain of command decided to initiate separation action against him in accordance with chapter 14 of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) for unsatisfactory performance. 5. The separation was approved, and the applicant was honorably discharged on 3 April 1992. His DD Form 214 shows he completed 1 year of active service. It does not show any service in Southwest Asia or any Southwest Asia-related awards and decorations. 6. His name is not listed on the Gulf War Roster (a list of Soldiers who deployed to Southwest Asia during the Gulf War). 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 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). c. 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 1991 and 28 February 1991. d. 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, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for entry of the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) in item 12f. A more recent version of this regulation stated 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: The applicant served in the Regular Army from 4 April 1991 to 3 April 1992. There is no evidence showing he deployed to Southwest Asia during his Regular Army service. As such, there is also no evidence indicating he is eligible for awards for service in Southwest Asia. BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160007729 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007729 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007729 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2