IN THE CASE OF: BOARD DATE: 27 July 2023 DOCKET NUMBER: AR20220011614 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Southwest Asia (SWA) and awards authorized for this service * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he deployed to Saudi Arabia on 17 September 1990 in support of Operation Desert Shield. He was in Saudi Arabia for 40 days when he developed a bad hives rash and he was medically evacuated to United States. He never received orders for Operation Desert Shield and his service in Saudi Arabia was not recorded on his DD Form 214. 3. The applicant enlisted in the Regular Army on 15 March 1989. 4. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) does not show his service in SWA in item 5 (Oversea Service). 5. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm database. 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. This data base shows the applicant served in SWA from 1 September 1990 to 31 July 1991. However, based on his statement that he arrived in theater on 17 September 1990 and was medically evacuated approximately 40 days later, these dates of service in SWA appear to be inaccurate. 6. During the processing of the applicant's case, several of his Leave and Earnings Statements (LES) were obtained from the Defense Finance and Accounting Service. His LESs confirm he was receiving danger pay for service in Saudi Arabia beginning in September 1990, however, the specific dates of his service in SWA are not shown on his LESs. 7. The applicant was released from active duty on 2 April 1997. His DD Form 214 does not show foreign service in block 12f (Foreign Service), block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show awards authorized for service in support of Operations Desert Shield/Storm, and block 18 (Remarks) does not show deployment dates to SWA. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found that, while the evidence confirms the applicant was deployed to SWA, unfortunately there is insufficient data available to document specific dates of service in SWA on his DD Form 214. In the absence of documentation confirming his dates of deployment to SWA, the Board determined the DD Form 214 should not be amended at this time. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 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 635-8 (Separation Processing and Documents) prescribes 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. It states for: a. Block 12f, enter the total amount of service performed outside the continental United States (OCONUS) during the period covered by the DD Form 214 to include deployments. Additionally, list periods of deployed service in block 18. b. Block 13, list all federally recognized awards and decorations for all periods of service. c. Block 18, for an active duty Soldier, list OCONUS deployments completed during the period of the DD Form 214, enter the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)." 3. Army Regulation 600-8-22 (Military Awards) states: a. The SWA Service Medal is awarded to members of the Armed Forces of the United States serving in SWA 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 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. 4. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011614 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1