IN THE CASE OF: BOARD DATE: 4 October 2023 DOCKET NUMBER: AR20230000097 APPLICANT REQUESTS: correction of his DD Form 214 (certificate of Release or Discharge from Active Duty) to show his service in the Gulf War. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * May 2022 Department of Veterans Affairs (VA) Rating Decision * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 does not have any proof for his VA claim. 3. The applicant’s hard-copy service records (Military Personnel Records Jacket)are not available for review. The National Personnel Records Center has digitized several military service records including the applicant’s service records. However, in the applicant’s case, the digitization process led to illegible/unreadable documents. 3. Review of the applicant’s DD Form 214 shows: a. He enlisted in the Regular Army on 29 June 1989, and he held military occupational specialty 31M, Tactical Satellite/Microwave System Operator Specialist. He was appointed to corporal/E-4 on 1 May 1991. b. His DA Form 2-1 (Personnel Qualification Record) is faded/illegible. However, it indicates he served in Germany, albeit the dates of service are unclear. c. One of the legible orders that awarded him the Army Good Conduct Medal in October 1992, indicates he was assigned to 313 Signal Company, Fort Hood, TX. d. He was honorably released from active duty on 29 September 1993, after completing 4 years, 3 months, and 1 day of active service. His DD Form 214 shows: * item 12f (Foreign Service) – 0002-00-24 (2 years and 24 days of foreign service) * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Army Lapel Button * Sharpshooter Badge with Rifle Bar * Item 18 (Remarks) – does not show deployment to Southwest Asia 4. There are no deployment orders, temporary change of station orders, temporary duty orders, Leave and Earnings Statements confirming receipt of hostile fire pay, and no awards reflective of deployment, in the available service records. 5. The applicant’s name is listed on the Gulf Roster as having deployed to Southwest Asia from 13 February 1991 to 8 May 1991. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined there is sufficient evidence to support the applicant was deployed to Southwest Asia. Based on the DFAS verification, the applicant was deployed from 1 January 1991 to 31 May 1991. Based on this the Board granted relief for correction of the applicant’s DD Form 214 to show his service in the Gulf War and award of his Southwest Asia medals. 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 the applicant’s DD Form 214 for the period ending 29 September 1993 * Enter in item 12f (Foreign Service) 2 years 05 months and 24 days * Enter in item 13 (Decorations, medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Kuwait * Kuwait Liberation Medal-Saudi Arabia * Liberation and Defense of Kuwait * Southwest Asia Cease Fire * Enter in item, 18 (Remarks) SERVICE IN SOUTHWEST ASIA/SAUDI ARABIA FROM 19910101 UNTIL 19910531 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 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for entry of the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) in item 12f. A more recent version of this regulation stated for an active-duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in item 18. 3. Army Regulation 600-8-22 (Military Awards) states: a. The Southwest Asia Service Medal is awarded to all members 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. The period of eligibility is from 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 campaigns are Defense of Saudi Arabia (2 August 1990-16 January 1991), Liberation and Defense of Kuwait (17 January-11 April 1991), and Southwest Asia Cease-Fire (12 April 1991-30 November 1995). b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded by the Government of Saudi Arabia to members of the Armed Forces of the U.S. who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991. c. The Kuwait Liberation Medal 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 served in support of Operations Desert Shield or Desert Strom between 2 August 1990 and 31 August 1993. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000097 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1