IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018067 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: 22 August 2018 DOCKET NUMBER: AR20160018067 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 adding the following to his DD Form 214: a. item 12f (Foreign Service), 8 months and 8 days, b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Government of Kuwait c. item 18 (Remarks), "SERVICE IN SOUTHWEST ASIA FROM 19900801- 19910408." 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 removing his period of being absent without leave from 23 April 1990 to 24 April 1990 from 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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018067 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 and decorations for Operations Desert Storm/Desert Shield * he did not have any absent without leave (AWOL) days 2. The applicant states: a. There was an error during his expiration of term of service processing. b. He suffers from post-traumatic stress disorder and other ailments from the conflict. 3. The applicant provides: * 11 DA Forms 3896 (Leave and Earnings Statement) * Certificate of Achievement, Headquarters, 82d Airborne Division, Saudi Arabia, dated 28 May 1991 * DD Form 214 (Copies 1 and 2) * Headquarters, 3d Battalion, 319th Airborne Field Artillery Regiment, Memorandum for Record, dated 28 April 1992, subject: Deployment to Saudi Arabia * 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 16 June 1988. 3. The complete facts and circumstances of the applicant's AWOL are not available; however, his records contained a DA Form 4187 (Personnel Action), dated 25 April 1990, and shows his duty status changed from AWOL to present for duty on 25 April 1990 because he turned himself in. 4. He provided Congressional correspondence and copies of 11 DA Forms 3686 for the period September 1990 through 30 April 1991 that shows he received both oversea pay and danger pay. 5. His DA Form 2A (Personnel Qualification Record – Part I), dated 1 August 1991, shows his last combat tour/date was Saudi Arabia, April 1991 6. He provided a copy of Headquarters, 3d Battalion, 319th Airborne Field Artillery Regiment, Memorandum for Record, dated 28 April 1992, subject: Deployment to Saudi Arabia, that shows Staff Sergeant D___ W___, confirmed the applicant's deployment to Saudi Arabia during the period 9 August 1990 through 10 April 1991 in support of Operations Desert Shield/Desert Storm. 7. On 17 June 1992, he was honorably released from active duty. His DD Form 214 shows in: * item 12f (Foreign Service), 00 00 00 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Parachutist Badge * Army Good Conduct Medal * item 18 (Remarks), no deployment entry 8. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base. 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. The data base compiled by DMDC shows the applicant served in Southwest Asia from 1 August 1990 to 8 April 1991, a period of 8 months and 8 days. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Kuwait Liberation Medal awarded by the Government 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. b. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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. c. The Southwest Asia Service Medal (SWASM) is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and the contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995. Approved campaigns for the SWASM: * Defense of Saudi Arabia, 2 August 1990 to 16 January 1991 * Liberation and Defense of Kuwait, 17 January 1991 to 11 April 1991 * Southwest Asia Cease-Fire, 12 April 1991 to 30 November 1995 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The instructions stated for: a. item 12f, to enter the total amount of foreign service completed during the period cover in item 12c (Net Active Service This Period). b. item 13, to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry will be verified by the Soldier's records. Do not use abbreviations. c. item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." d. item 29, to enter inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972, and periods of non-chargeable time after expiration of term of service. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends his DD Form 214 does not show his foreign service during Operations Desert Storm/Desert Shield or associated awards. 2. The evidence of record shows the applicant was deployed to Southwest Asia in support of Operations Desert Storm/Desert Shield during the period 1 August 1990 to 8 April 1991, a period of 8 months and 8 days. His foreign service and deployment are not listed on his DD Form 214. 3. He served a qualifying period of service for award of the Kuwait Liberation Medal awarded by the Government of Saudi Arabia, Kuwait Liberation Medal awarded by the Government of Kuwait, and the Southwest Asia Service Medal with two bronze service stars for his participation in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns. 4. The complete facts and circumstances surrounding the applicant's AWOL are not available for review. It is incumbent upon the applicant to provide a compelling argument supported by corroborating documentation to show his records are in need of correction based on an injustice or inequity. In the absence of such evidence, administrative regularity is presumed with regard to his AWOL listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018067 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018067 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2