IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160012781 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160012781 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding 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 b. adding to item 18 of his DD Form 214 – "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910331". 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. ___________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: 23 May 2018 DOCKET NUMBER: AR20160012781 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 any awards and decorations for his participation in Operation Desert Shield/Desert Storm. 2. The applicant states he participated in Operation Desert Shield/Desert Storm and the liberation of Kuwait. His DD Form 214 is missing awards for this service. He also believes he received an unspecified U.S. Navy medal for 1 month of sea duty. 3. The applicant provides: * DD Form 214 * Leave and Earnings Statements (LES) for August 1989 and February and April 1991 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 27 December 1985. 3. He provided: a. An LES for the period 1-30 August 1989 showing he received sea duty pay. b. LESs for the period 1-28 February 1991 and 1-30 April 1991 showing he received danger pay. 4. The Defense Manpower Data Center compiled the Operations Desert Shield/ Desert Storm database. The primary 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 Southwest Asia from 1 October 1990 to 31 March 1991. 5. On 20 November 1991, he was honorably released from active duty. 6. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal * Noncommissioned Officer Professional Development Ribbon * Overseas Service Ribbon * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Lapel Button * National Defense Service Medal * Army Achievement Medal (2nd Award) * Aircraft Crewman Badge * Armed Forces Expeditionary Medal * Army Commendation Medal (4th Award) 7. Item 18 (Remarks) of his DD Form 214 does not show any deployments. 8. There is no evidence showing he was awarded a U.S. Navy medal. 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-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 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 Southwest Asia from 1 October 1990 to 31 March 1991. 2. Based on his service in Southwest Asia, he is authorized award of the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait. His DD Form 214 does not show these medals. 3. As a related issue, item 18 of his DD Form 214 does not show his deployment. 4. There is no evidence showing he was awarded a U.S. Navy medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012781 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012781 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2