IN THE CASE OF:	

		BOARD DATE:	22 September 2009    

		DOCKET NUMBER:  AR20090004368 


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 that his deployment to Operation Provide Comfort be added to his 8 December 1994 DD Form 214 (Certificate of Release or Discharge from Active Duty).  Additionally, he requests the Southwest Asia Award which he refers to as the Southeast Asia Award, Humanitarian Service Award, and the Cold War Recognition Certificate which he refers to as the Cold War Award.

2.  The applicant states that in order to join the Veterans of Foreign Wars he needs his deployment to Southwest Asia shown on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214 and DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel). 

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.  The applicant has requested award of the Cold War Recognition Certificate. The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

3.  The applicant’s records show he enlisted in the Regular Army on 15 May 1984.  He was honorably discharged on 8 December 1994 after serving 
10 years, 6 months, and 24 days of active Federal service. 

4.  The applicant's TDY orders dated 23 April 1991 show that he was scheduled to travel to the TDY site for Operation Provide Comfort, in Incirlik, Turkey on or about 23 April 1991 for approximately 102 days.  The ending date was listed as 
30 September 1991.

5.  The applicant’s Personnel Qualification Record (PQR), Item 5 (Overseas Service), shows that the applicant was assigned to Turkey from 23 April 1991 to 
30 September 1991. 

6.  Information provided by Defense Finance and Accounting Service (DFAS) verified that the applicant received hostile fire pay from 1 June 1991 to 30 June 1991 while assigned to Saudi Arabia.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

8.  Additionally, Table C-1 of Army Regulation 600-8-22 shows that Operation Provide Comfort (5 April 1991 to 14 June 1991) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

9.  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 November 1995).

10.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that 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.  On 30 September 2000, this regulation was revised, in pertinent part, to include the total amount of Foreign Service completed during the period covered in block 12f.  The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in block 18 remarks "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant request that his deployment in support of Operation Provide Comfort be added to his 8 December 1994 DD Form 214.  Prior to the revision of Army Regulation 635-5 (Separation Documents) in September 2000, there was no requirement to list the operation, deployed foreign county, or the period of deployment on the DD form 214.  In view of this information, the applicant's DD Form 214 is correct as constituted.

2.  The information provided from DFAS verifies that the applicant was deployed to Saudi Arabia and received hostile fire pay from 1 June 1991 to 30 June 1991.  Therefore, he is entitled to the award of the Southwest Asia Service Medal with a bronze service star.


3.  The applicant's PQR verifies his assignment to Turkey and his TDY orders show that the purpose of his TDY was in support of Operation Provide Comfort in Turkey.  Additionally, the regulation shows that Operation Provide Comfort was from 5 April 1991 to 14 June 1991 which is consistent with the dates on the applicant's PQR and TDY orders.  The regulation also shows that Operation Provide Comfort was approved for the award of the Humanitarian Service Medal. Therefore, the applicant's records will be corrected to show this award. 

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 adding to his 8 December 1994 DD Form 214 the award of the Southwest Asia Service Medal with a bronze service star and the Humanitarian Service 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 adding a statement regarding Operation Provide Comfort to his 8 December 1994 DD Form 214.  




      _______ _   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)                                         AR20090004368





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ABCMR Record of Proceedings (cont)                                         AR20090004368



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