RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070009934 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Kathleen Newman

Chairperson

Ms. Rose Lys

Member

Mr. Edward Montgomery

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show award of the Kuwait Liberation Medal (Government of Saudi Arabia), Kuwait Liberation Medal (Government of Kuwait), Overseas Service Medal, Armed Forces Reserve Medal with "M" device, and the Meritorious Unit Citation.

2.  The applicant states, in effect, that his DD Form 214 with a separation date of 4 May 1991 is not correct for it does not show the additional awards authorized for his service while deployed in direct support of Operation Desert Shield and Operation Desert Storm.  He further states, in effect, he was a member of the 320th Military Police Company, a United States Army Reserve (USAR) unit from St. Petersburg, Florida, which was attached to the 16th Military Police Brigade.  

3.  The applicant provides a self-authored letter and a copy of his DD Form 214 with a separation date of 4 May 1991 in support of his application.

CONSIDERATION OF EVIDENCE:

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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Records show the applicant was a member of the United States Army Reserve and that he completed basic combat and advanced individual training and was awarded the military occupational specialty 95B (Military Police).  The highest rank he attained prior to his release from active duty was specialist/pay grade E-4.  He was mobilized and entered active federal service on 20 September 1990.

3.  Item 9 (Command to Which Transferred) of the applicant's DD Form 214 shows the applicant was honorably released from active duty on 4 May 1991 and transferred to his USAR unit the 320th Military Police Company located in St. Petersburg, Florida.

4.  Item 12f (Record of Foreign Service) of the applicant's DD Form 214 shows the applicant served overseas, not in the continental United States for 5 months and 4 days.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a release from active duty date of 4 May 1991 does not show award of the Kuwait Liberation Medal (Government of Saudi Arabia), Kuwait Liberation Medal (Government of Kuwait), Overseas Service Medal, Armed Forces Reserve Medal with "M" device, or the Meritorious Unit Citation.  Item 13 does show award of the Army Service Ribbon, National Defense Service Medal, Southwest Asia Medal and the Sharpshooter Marksmanship Badge with Rifle Bar.

6.  Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "Service in Southwest Asia from 1 November 1990 to 4 April 1991."

7.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and Guard members the file includes those persons activated or federalized from 
2 August 1990 through 31 December 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

8.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 5 October 1990 to 5 April 1991.

9.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).  The regulation also provides that members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria and Jordan between 17 January 1991 and 11 April 1991 are eligible for this award provided they were under the command of U.S. Central Command or directly supporting military operations in the combat theater.

10.  Army Regulation 600-8-22 (Military Awards)  provides that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation provides, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

11.  Table 1, Appendix Q, Joint Federal Travel Regulations, Volume 1 determines Department of Defense overseas tour lengths.  According to this table the unaccompanied tour length for Saudi Arabia is 12 months.

12.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table 3-2, rule 8 of the regulation provides that in order for a Soldier in a TDY status to receive credit for a completed tour, he or she must serve 9 months continuous TDY status in areas where the unaccompanied tour length is up to 18 months, or in isolated areas where tour lengths have not been established.

13.  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 1991 and 28 February 1991.

14.  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.

15.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides for award of the Armed Forces Reserve Medal.   It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense will wear the “M” Device on the AFRM to denote service.

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

17.  Department of the Army General Order (DAGO) Number 14, dated 11 April 1997, awarded the 320th Military Police Company the Meritorious Unit Commendation for its meritorious service in direct support of Operations Desert Storm and Desert Shield.  The period of service identified in the DAGO Number 14 was from 1 November 1990 to 5 April 1991.

DISCUSSION AND CONCLUSIONS:

1.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 5 October 1990 to 5 April 1991.  His DD Form 214 shows he was awarded the Southwest Asia Service Medal.  Therefore, he is entitled to have affixed to his already awarded Southwest Asia Service Medal two bronze service stars.

2.  Based on his service in Southwest Asia in support of Operations Desert Shield and Desert Storm the applicant is entitled to the Kuwait Liberation Medal (KLM-SA) and the Kuwait Liberation Medal (KLM-K).  

3.  The applicant served 5 months and 4 days in the Southwest Asia geographical area of responsibility.  The unaccompanied tour length for Saudi Arabia was 12 months or 9 months continuous TDY status in isolated areas where tour lengths have not been established.  Therefore, the applicant did not meet the 9 months continuous TDY status required to establish credit for a completed overseas service tour.  Therefore, he is not entitled to award of the Overseas Service Ribbon.

4.  The applicant was a member of the USAR Troop Program Unit and he was ordered to active duty through the mobilization process and then released after honorably completing the period of service he was ordered to active duty for.  Therefore, the applicant is entitled to award of the Armed Forces Reserve Medal with "M" Device.

5.  The applicant's records show he was a member of the 320th Military Police Company and that he served with this company during their distinguished period of meritorious service in Southwest Asia.  Therefore, the applicant is entitled to the Meritorious Unit Commendation. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KN ___  ___RL___  __EM___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 with a separation date of 4 May 1991 to show in Item 13 award of the Southwest Asia Medal with two bronze service stars, the Kuwait Liberation Medal (Government of Saudi Arabia), the Kuwait Liberation Medal (Government of Kuwait), the Armed Forces Reserve Medal with "M" Device and the Meritorious Unit Commendation Medal. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Overseas Service Ribbons.  




____Kathleen Newman______
          CHAIRPERSON




INDEX

CASE ID
AR20070009934
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071206
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0100
2.

3.

4.

5.

6.