IN THE CASE OF: BOARD DATE: 28 January 2022 DOCKET NUMBER: AR20210013347 


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 December 1992 to show his deployed service in Southwest Asia in support of Operations Desert Shield/ Desert Storm. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

•City Administrator Resolution, undated

•Two Envelopes Addressed to Applicant, postmarked 17 January 1991 and27 January 1991

•Photograph of Kuwait Liberation Medal-Saudi Arabia



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states his DD Form 214 does not mention his tour of duty in Iraq at all.He was with the 82d Engineer Battalion in Bamberg, Germany. He does not recall theexact dates he was in Iraq; it was somewhere between on or about August orNovember 1990 and on or about March or May 1991. His DD Form 214 should reflectall of his overseas duty.

3.He enlisted in the Regular Army on 2 December 1988.

4.His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

•item 5 (Oversea Service) – he received overseas tour credit for service inU.S. Army Europe-Germany from 27 March 1989 through 23 July 1991 (2 years,3 months, and 27 days)


•item 35 (Record of Assignments) – he was assigned to Headquarters andHeadquarters Company, 82d Engineer Battalion, Germany, from 25 June 1989through 22 July 1991



5.The Gulf War Desert Shield/Desert Storm Database lists his name on the roster asserving in the Persian Gulf during the period 1 January 1991 through 27 April 1991 (inwhole months).

6.He was honorably released from active duty on 1 December 1992 and transferred tothe U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in:

•item 12c (Net Active Service This Period) – 4 years

•item 12f (Foreign Service) – 2 years, 3 months, and 27 days

•item 13 (Decorations, Medals, Badges, Citations, and Campaign RibbonsAwarded or Authorized) –



•Army Service Ribbon

•National Defense Service Medal

•Army Lapel Button

•Overseas Service Ribbon

•Expert Marksmanship Qualification Badge with Grenade Bar

•Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

•Driver and Mechanic Badge

•Army Commendation Medal



7.His DD Form 214 does not show award of the Southwest Asia Service Medal withthree bronze service stars, Kuwait Liberation Medal-Saudi Arabia, or Kuwait LiberationMedal-Kuwait or service in Southwest Asia from 1 January 1991 through 27 April 1991.

8.Headquarters, Department of the Army, General Orders 14, 11 April 1997, awardedthe Valorous Unit Award to the 82d Engineer Battalion for extraordinary heroism whileengaged in military operations during the period 23 February 1991 through 26 February1991.

BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. Evidence of record shows the applicant deployed to the Gulf War; however, the foreign service and decorations authorized were not reflected on his DD Form 214. 


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 1 December 1992 by:  

a.amending block 13 by adding

•Southwest Asia Service Medal with three bronze service stars

•Kuwait Liberation Medal (Government of Kuwait)

•Kuwait Liberation Medal (Kingdom of Saudi Arabia)

•Valorous Unit Award



b.amending block 18 by adding "Served in a designated imminent danger pay area”and “Service in Southwest Asia from 19910101 to 19910427." 


X S

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 ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) prescribes Department of the Armypolicy, criteria, and administrative instructions concerning individual and unit militaryawards.

a.The Southwest Asia Service Medal is awarded to all service members of theArmed 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. A bronze service star is authorized with the Southwest Asia Service Medal for participation in each designated campaign. Table B-1 (Campaigns, Service Requirements and Inscriptions Prescribed for Streamers) lists the 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

•Southwest Asia Cease-Fire – 12 April 1991 to 30 November 1995



b.The Kuwait Liberation Medal-Saudi Arabia is awarded by the Government ofSaudi Arabia to service members of the Armed Forces of the United States who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991. 

c.The Kuwait Liberation Medal-Kuwait is awarded by the Government of Kuwait toservice members 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. 

3.The Defense Manpower Data Center compiled an Operations Desert Shield/Desert Storm Database that contains one record for each active duty member whoserved in theater between August 1990 and December 1997.

4.Army Regulation 635-5 (Separation Documents), 1 October 1979 and in effect at thetime, prescribed the separation documents that must be prepared for Soldiers uponretirement, discharge, or release from active duty service or control of the Active Army.It established standardized policy for preparing and distributing the DD Form 214. Therewas no provision for entering deployed service.

5.  Army Regulation 635-5, 30 September 2000, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing 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. 
 
//NOTHING FOLLOWS//