ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20170014871 APLICANT REQUESTS: A DD Form 215 (Correction of DD Form 214 (Certificate of Release or Discharge from Active Duty)) to: * show his service in Desert Shield/Desert Storm * add any awards that are warranted * add his Parachutist Badge and overseas service APPLICANT’S SUPPORTING DOCUMENTS CONSIDERE DBY THE BOARD: * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * Leave and Earnings Statements, for periods ending 31 August 1990, 30 September 1990, 31 October 1990, 30 November 1990, 31 December 1990, 31 January 1991, 28 February 1991, 31 March 1991, 30 April 1991, and 31 May 1991 * Army Finance Study, U.S. Army Finance School Paper, dated 10 April 1991 * Standard Form 88 (Report of Medical Examination), dated 16 March 1992 * Standard Form 93 (Report of Medical History), dated 16 March 1992 * Standard Form 600 (Chronological Record of Medical Care) dated 16 March 1992 * DA Form 2-1 (Personnel Qualification Record) * DD Form 214 * Letter, Veterans Service Office, dated 20 September 2017 * Letter, United States Senate, dated 28 September 2017 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * his Army personnel file does not show his service in the Gulf War * has made it difficult to obtain certain Department of Veterans Affairs benefits * has not been able to prove he is eligible for the Veterans of Foreign Wars * he has gone through several congressional and senate representatives to get his records * he has obtained Defense Financing and Accounting Service Leave and Earnings Statements from the time he was deployed * his medical records notes his "Return from Southwest Asia" 3. Review of the applicant’s service records shows: a. The applicant entered the Regular Army on 17 July 1989. b. Permanent orders 67-14, Headquarters U.S. Army Infantry Center, Fort Benning, GA, shows he was awarded the parachute badge on 13 April 1990. Item 9 (Awards, Decorations & Campaigns) on his Personnel Qualification Record shows he was awarded the Parachutist Badge. c. He provided copies of his Leave and Earnings Statements showing: * he was authorized family separation pay beginning 24 September 1990 and ending on 29 March 1991 * he earned danger pay September 1990 through March 1991 * he earned overseas pay beginning on 24 September 1990 and ending on 28 March 1991 d. He provided a copy of his Chronological Record of Medical Care, dated 16 March 1992, showing the Desert Shield/Storm Out Processing Checklist with his deployment date of 24 September 1990 and a redeployment date of 27 March 1991. e. Item 5 (Overseas Service) of his Personnel Qualification Record does not list any overseas service. f. The Desert Shield/Desert Storm Database shows he served in the Persian Gulf from 1 September 1990 through 29 March 1991 (in whole months). His specific dates and length of service in Southwest Asia in support of Desert Shield/Storm during the period 24 September 1990 through 27 March 1992 are available in the applicant's Leave and Earnings Statement and on his Desert Shield/Storm Out-Processing Check List. g. He participated in two campaigns: * Liberation and Defense of Kuwait, 17 January 1991 to 11 April 1991 * Southwest Asia Cease-Fire, 12 April 1991 to 20 November 1995 h. He was honorably released from active duty on 19 June 1992. i. His DD Form 214 does not show: foreign service credit or service in Southwest Asia for the period 24 September 1990 to 27 March 1991. j. His DD Form 214 also does not show his awards of the parachute badge, the Kuwait Liberation Medal-Government of Kuwait, the Kuwait Liberation Medal-Saudi Arabia, or the Southwest Asia Service Medal with two bronze service stars. 4. By regulation (AR 635-5), (Table 2-1 provided instruction pertaining to the completion of the DD Form 214: a. Item 12f (Record of Service – Foreign Service) was used to document the total amount of Foreign Service completed during the period covered by the DD Form 214. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) was used to document the decorations, medals, badges, citations and campaign ribbons awarded or authorized. c. Item 18 (Remarks) was used to document entries required by Headquarters Department of the Army for which a separate item is not available on the form and for completing entries that are too long for their blocks. Effective 30 September 2000, revised mandatory required data on the DD Form 214. The specific instructions for an active duty Soldier deployed with his or her unit during their continuous period of active service stated to enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block. 5. By regulation (AR 600-8-22): * Kuwait Liberation Medal-Saudi Arabia is awarded to Soldiers of the Armed Forces of the United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991 * Kuwait Liberation Medal-Government of Kuwait is awarded to Soldiers of the Armed Forces of the United States who served in Support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993 * Southwest Asia Service Medal is awarded to all Soldiers 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, with a bronze service star for participation in each designated campaign (Defense of Saudi Arabia 2 August 1990 to 16 January 1991 and Liberation and Defense of Kuwait 17 January 1991 to 11 April 1991) ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he completed the Airborne Course, deployed to the Gulf War as displayed by his separation pay, and is authorized decorations not listed on his DD Form 214. The Board agreed there is sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? 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 for the period ending 19 June 1992 by: a. block 12f – adding the entry “00 06 04” b. block 13 – adding the following awards: * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Government of Kuwait * Southwest Asia Service Medal * Parachutist Badge c. block 14 – adding the entry Basic Airborne Course, 3 weeks; and d. block 18 – adding the entry “SERVICE IN KUWAIT FROM 19900924 – 19910327.” 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. REFERENCES 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. 2. Army Regulation 600-8-22 (Military Awards), provides * the Kuwait Liberation Medal-Saudi Arabia is awarded to Soldiers of the Armed Forces of the United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991 * the Kuwait Liberation Medal-Government of Kuwait is awarded to Soldiers of the Armed Forces of the United States who served in Support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993 * the Southwest Asia Service Medal is awarded to all Soldiers 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, with a bronze service star for participation in each designated campaign * Table B-1 (Campaigns, Service Requirements and Inscriptions Prescribed for streamers) provides campaigns for Southwest Asia as: Defense of Saudi Arabia 2 August 1990 to 16 January 1991; Liberation and Defense of Kuwait 17 January 1991 to 11 April 1991 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing and distributing DD Form 214. Table 2-1 provided instruction pertaining to the completion of the DD Form 214: d. Item 12f (Record of Service – Foreign Service) was used to document the total amount of foreign service completed during the period covered by the DD Form 214. e. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) was used to document the decorations, medals, badges, citations and campaign ribbons awarded or authorized. f. Item 18 (Remarks) was used to document entries required by Headquarters Department of the Army for which a separate item is not available on the form and for completing entries that are too long for their blocks. Effective 30 September 2000, revised mandatory required data on the DD Form 214. The specific instructions for an active duty Soldier deployed with his or her unit during their continuous period of active service stated to enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block. 4. The Defense Manpower Data Center compiled a Desert Shield/Desert Storm Database that contains one record for each active duty member who served in theater between 2 August 1990 and 31 July 1991. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014871 4