IN THE CASE OF:	  

		BOARD DATE:	       21 May 2009 

		DOCKET NUMBER:  AR20080019702 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of a second Army Commendation Medal and his service in support of Desert Shield/Desert Storm. 

2.  The applicant states that he had not noticed this information missing from his DD Form 214 until he recently started applying for work. 

3.  The applicant provides, in support of his application, copies of his DD Form 214; assignment, deployment, and redeployment orders; travel document; travel pay voucher; and Leave and Earnings Statements (LESs) for March and April 1991.

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.  On 13 September 1990, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 16R (Vulcan Crewmember).  

3.  Orders 15-106, United States Army Air Defense Artillery (ADA) Center, Fort Bliss, Texas, dated 23 January 1991, assigned the applicant to Headquarters and Headquarters Battery, 2nd Battalion, 6th ADA Regiment, 6th ADA Brigade, located at Fort Bliss, Texas.

4.  Orders 16-20, United States Army ADA Center, Fort Bliss, Texas, dated 
24 January 1991, deployed the applicant in support of Operation Desert Shield.  He was given a "will proceed" date of not later than 26 January 1991.

5.  The Rio Grande Travel Service provided the applicant a travel itinerary commencing on 26 January 1991 and arriving at Columbus, Georgia [Fort Benning] on the same day.

6.  The applicant's LESs for the months of March and April 1991, show that he was entitled to receive overseas pay from 5 February to 14 April 1991 (69 days); and danger pay for the months of February through April 1991. 

7.  Headquarters, 1st Brigade, 1st Cavalry Division, Permanent Orders       00020-002, dated 28 May 1991, awarded the applicant the Army Commendation Medal.

8.  Orders L70-02, Headquarters, III Corps, Fort Hood, Texas, dated 15 April 1991, redeployed the applicant to his home station of Fort Bliss, Texas.  He was given a reporting date of 16 April 1991.

9.  The applicant's travel voucher, dated 21 May 1991, shows that he was paid $237.76 for travel authorized on orders dated 24 January 1991.

10.  On 22 June 1992, the applicant departed Fort Bliss, Texas for duty in the Federal Republic of Germany.  He arrived overseas on 26 July 1992.  He was subsequently reclassified into MOS 14R (Line of Sight-Forward-Heavy Crewmember) and assigned to the 5th Battalion, 3rd ADA.

11.  On 11 July 1994, the applicant departed his unit for processing at the separation transfer point, Fort Jackson, South Carolina.  He had served in the Federal Republic of Germany for 1 year, 11 months and 16 days.

12.  On 12 September 1994, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of private first class, pay grade E-3, and had completed 4 years of creditable active duty service.

13.  Item 12 (Record of Service) of the applicant's DD Form 214 indicates that his foreign service totaled 1 year, 11 months and 17 days.  Item 18 (Remarks) does not include any statements regarding his deployment in support of Operation Desert Shield/Desert Storm.  

14.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal (four awards), Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Sharpshooter Marksmanship Badge with Rifle and Grenade Bars. It does not show award of a second Army Commendation Medal.

15.  Army Regulation 600-8-22 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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

16.  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.

17.  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.



18.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in block 12f (Foreign Service) of the total amount of foreign service completed during the current period of active duty. The current version of the regulation provides that Item 18 will contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in support of Operation Desert Shield/Desert Storm and his second Army Commendation Medal.

2.  Permanent orders clearly show that the applicant was awarded the Army Commendation Medal for meritorious service for the period from 17 January to 28 February 1991.  There is no available evidence showing that he was awarded two Army Commendation Medals.  Since the applicant's DD Form 214 already shows award of the Army Commendation Medal, the applicant's request to show a second award should be denied.

3.  However, should the applicant have, or be able to obtain, orders awarding him a second Army Commendation Medal, he may submit another application for consideration.  

4.  The available evidence clearly shows that the applicant deployed overseas in support of Desert Shield/Desert Storm for a period of 69 days from 5 February to 
14 April 1991 (69 days).  Based upon current regulatory guidance, it would be appropriate to add this deployment in item 18 of his DD Form 214.  It also shows that he served in the Federal Republic of Germany from 26 July 1992 to 11 July 1994 (1 year, 11 months and 16 days).  Therefore, Item 12f of his DD Form 214 should be corrected to show his total overseas service as 2 years, 1 month and 25 days.

5.  The available evidence shows that the applicant served a qualifying period for award of the Southwest Asia Service medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The available evidence shows that the applicant served a qualifying period for award of the Kuwait Liberation Medal-Saudi Arabia, and for the Kuwait Liberation Medal-Kuwait.  Therefore, his DD form 214 should be corrected to show these two foreign awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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:

	a.  showing in Item 12f of his DD Form 214: 2 years, 1 month and 25 days;

	b.  showing that, in addition to the awards already shown in Item 13 of his DD Form 214, his authorized awards include the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait; and

	c.  adding in Item 18 of his DD Form 214:  Deployed in support of Operation Desert Shield/Desert Storm to Saudi Arabia/Kuwait from 19910205 to 19910414.

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 award of a second Army Commendation Medal.  




      _______ _   _X______   ___
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20080019702





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ABCMR Record of Proceedings (cont)                                         AR20080019702



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