IN THE CASE OF:  

		BOARD DATE: 24 January 2023

		DOCKET NUMBER:  AR20220006167


APPLICANT REQUESTS:

*	Correction of his DD Form 214 (Certificate of Release or Discharge from Active 
Duty), ending on 11 January 1992, to show service during Desert Shield/Storm
*	A personal appearance before the Board via video or telephone.  

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 for the period ending 11 January 1992

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), 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 is requesting his DD Form 214 reflect he was active and 
served during the timeframe of the Gulf War (Desert Shield/Desert Storm). Because he 
served honorably. Information has come to light to why he has experienced certain 
health conditions.  

3.  A review of the applicant's official military records show the following:

	a.  On 12 January 1988, he enlisted in the Regular Army.

	b.  DA Form 2-1 (Personnel Qualification Record – Part II), item 5 (Oversea Service) 
shows he served in Germany from 24 July 1988 to 19 July 1990. Item 35 (Record of 
Assignments) shows he was assigned to C Battery, 1st Battalion, 7th Air Defense 
Artillery from 16 December 1988 to on or about 18 July 1990.

	c.  DA Form 2A (Personnel Qualification Record, Part I) prepared on 15 November 
1991, Section IV (Service Data), item 16 (Last Combat Tour/Date) shows "Saudi Arabia 
9103." 

	d.  Permanent Orders 007-033, issued by Headquarters 2nd Brigade (or 
Headquarters, 24th Signal Battalion on 23 July 1991, awarded him the Army 
Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement as a combat 
signaler in Saudi Arabia from 2 September 1990 to 16 January 1991. 

	e.  On 11 January 1992, the applicant was honorably released from active duty and 
transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 
shows he was released due to expiration term of service. He completed 4 years net 
active service this period and he had 1 year, 11 months, and 26 days foreign service. 
Item 18 (Remarks) is void of an entry. Item 13 (Decorations, Medals, Badges, Citations 
and Campaign Ribbons Awarded or Authorized) shows the:

*	Army Service Ribbon
*	National Defense Service Medal
*	Army Lapel Button
*	Overseas Service Ribbon
*	Parachutist Badge
*	Marksman Marksmanship Qualification Badge with Rifle Bar

	f.  On 11 September 1995, DA Form 4836 (Oath of Extension of Enlistment or 
Reenlistment) shows he extended his USAR enlistment for 6 months.

	g.  Orders Number 96-249-061 issued by Headquarters, USAR Command, Atlanta, 
GA, honorably discharged the applicant from the U.S. Army Reserve on 5 September 
1996.  

4.  The applicant's name was located on the Gulf War/Operations Desert Shield/Desert 
Storm Database, as compiled by the Defense Manpower Data Center, the primary file 
that contains one record for each active duty member who participated in theater 
between 2 August 1990 and 31 July 1991. The applicant was deployed for the period 
1 August 1990 through 15 April 1991.

BOARD DISCUSSION:

1.  The applicant's request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.

2.  After reviewing the application, all supporting documents, and the evidence found 
within the applicant's military records, the Board found that relief was not warranted at 
this time. The applicant's contentions, military records, and regulatory guidance were 
carefully considered. The Gulf Roster shows the dates of deployment to Southwest Asia 
as 1 August 1990 through 15 April 1991. The applicant’s DA Form 2A on the other hand 
lists Saudi Arabia/9103 as his last combat tour, ending in March 1991. He was also 
awarded an AAM for service in Saudi Arabia from 2 September 1990 to 16 January 
1991. While it is clear he served in Southwest Asia and qualifies to have his deployment 
and associated awards listed on his DD Form 214, the exact dates of arrival in and 
departure from theater are unknown. If the applicant has additional documentary 
evidence, such as a Leave and Earnings Statement, letter from his former commander 
or first sergeant, or any additional documentary evidence confirming his exact dates, he 
may reapply to this Board for reconsideration. The applicant has the burden of 
demonstrating error or injustice by a preponderance of evidence.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	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, USC, 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 (AR) 15-185 (ABCMR), states that the ABCMR begins its 
consideration of each case with the presumption of administrative regularity. It will 
decide cases based on the evidence of record and it is not an investigative body. The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence. Paragraph 2–11 states that 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.

3.  AR 635-5 (Separation Documents), dated 15 September 2000, prescribed the 
separation documents that must be prepared for Soldiers on retirement, discharge, 
release from active duty service, or control of the Active Army. The DD Form 214 is a 
summary of a Soldier's most recent period of continuous active duty. It provides a brief, 
clear-cut record of active duty service at the time of release from active duty, retirement, 
or discharge. Paragraph 2-4h provides detailed instructions and source documents for 
completing each block of the DD Form 214 and states for:  

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) list awards and decorations for all periods of service in the 
priority sequence specified in AR 600-8-22 (Military Awards). Each entry will be verified 
by the Soldier's records.   

     b.  Item 18 (Remarks) was used for Headquarters, Department of the Army 
mandatory requirements when a separate block is not available, and as a continuation 
for entries in blocks 11, 13, and 14. Mandatory entry: "SOLDIER (HAS) (HAS NOT) 
COMPLETED FIRST FULL TERM OF SERVICE." For active duty Soldiers 
who deployed with their unit during their continuous period of active service, the 
statement "SERVICE IN (name of country deployed) FROM (inclusive dates, 
YYYYMMDD-YYYYMMDD)" would be included when the DD Form 214 was prepared.

4.  AR 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, 
and administrative instructions concerning individual and unit military awards. In 
pertinent part, it states:

	a.  The Southwest Asia Service Medal was awarded to members of the Armed 
Forces of the United States who participated in Operations Desert Shield/Desert Storm 
in the designated area on or after 2 August 1990 to 30 November 1995. A bronze 
service star was authorized for wear on the Southwest Asia Service Medal for the 
following campaigns:

*	Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
*	Liberation and Defense of Kuwait (17 January to 11 April 1991)
*	Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995)

     b.  The Kuwait Liberation Medal (KLM-SA), awarded by the Kingdom of 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 and 28 
February 1991.

     c.  The Kuwait Liberation Medal (KLM-KU), awarded by the Government of 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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220006167


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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