BOARD DATE::16 May 2018 DOCKET NUMBER: AR20160012082 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: :16 May 2018 DOCKET NUMBER: AR20160012082 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 amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 June 1991 as follows: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) add the following awards: * Southwest Asia Service Medal with three bronze service stars * Kuwait Liberation Medal – SA * Kuwait Liberation Medal – KU * Valorous Unit Award b. Item 18 (Remarks) add "SERVICE IN SAUDI ARABIA FROM 19910213-19910427." ______________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: 16 May 2018 DOCKET NUMBER: AR20160012082 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 authorized the following awards: * Southwest Asia Service Medal (SWASM) * Kuwait Liberation Medal, Governmern of Kuwait– (KLM-K) * Kuwait Liberation Medal, Government of Saudi Arabia – (KLM-SA) * Valorous Unit Award (VUA) 2. The applicant states the DD Form 214 he was issued at the time of his separation does not reflect the decorations he earned during his service in Operation Desert Shield/Storm. 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 12 October 1989. 3. His DA Form 2-1 (Personnel Qualification Recotd – Part II) shows he was assigned to Germany from 2 February 1990 to 1 April 1992, and he served with Company C, 82nd Engineer Battalion, Bamberg, Germany from 7 February 1990 to 1 April 1992. 4. Information retrieved from the Gulf War Deployment Roaster maintained on the Army Review Boards Agency portal shows the applicant's deployment dates as 13 February through 27 April 1991. 5. His DA Form 2A (Personnel Qualification Record), dated 11 May 1992 shows his last combat tour/date as Saudi Arabia – April 1991. However, that entry was stricken from his DA Form 2A and the word "None" was entered. 6. On 24 February 1993, the applicant was honorably released from active duty. Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: * Sharpshooter Marksmanship Qualification Badge (Rifle M-16) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Army Service Ribbon * National Defense Service Medal * Army Good Conduct Medal * Army Achievement Medal (2nd Award) * Army Commendation Medal 7. Item 18 (Remarks) on his DD Form 214 does not show his service in Saudi Arabia. 8. The Center of Military History, Lineage and Honors for the 82nd Engineer Battalion shows this unit was awarded the VUA for service in Iraq in 1991. REFERENCES: 1. 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 serving in Southwest Asia and contiguous waters or airspace there over, 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 to 11 April 1991) * Cease-Fire Campaign (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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 awarded by the Government of Kuwait KLM-K) 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), then in effect, 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 the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. It stated: a. In item 13 enter all awards, decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. b. In item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered. Only deployment in an imminent danger/hostile fire zone will be reflected. DISCUSSION: 1. The 82nd Engineer Battalion was cited for award of the VUA for service in Iraq in 1991. 2. The evidence of record suggests that the applicant was deployed to Saudi Arabia during the period 13 February through 27 April 1991. During this time he participated in three campaigns. His deployed service in Saudi Arabia meets the criteria for the Southwest Asia Service Medal with three bronze service stars, the KLM-SA, and the KLM-KU. 3. Item 18 of the applicant’s DD Form 214 does not show his dates of deployment in Saudi Arabia. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012082 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012082 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2