BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090005570 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his Gulf War service and by adding the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that his Gulf War service and awards he received for that service are not reflected on his DD Form 214.  

3.  The applicant provides a BSM certificate and orders, ARCOM orders, and a photograph 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.  The applicant’s record shows he enlisted in the Regular Army (RA) and entered active duty on 15 April 1990.  He completed basic training and advanced individual training (AIT) at Fort Sill, Oklahoma.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 13E (Cannon Fire Direction Specialist).

3.  The applicant’s Personnel Qualification Record (DA Form 2-1) includes the BSM in the list of authorized awards contained in Item 9 (Awards, Decorations, and Campaigns).  

4.  The applicant's Official Military Personnel File (OMPF) contains 574th Personnel Service Company Permanent Orders Number 157-26, dated 17 August 1990, which awarded him the Army Good Conduct Medal (AGCM) for the period 15 August 1987 to 14 August 1990.  It also contains a BSM certificate and Headquarters, VII Corps Permanent Orders Number 91-62, dated 10 August 1991, which awarded him the BSM for meritorious achievement in support of Operation Desert Storm from 17 January through 28 February 1991.  

5.  On 16 May 1991, the applicant was released from active duty (REFRAD), by reason of expiration term of service (ETS).  The DD Form 214 he was issued at the time shows he completed 4 years, 1 month, and 2 days active military service of which 2 years, 4 months, and 6 days was foreign service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  Army Service Ribbon, Army Achievement Medal (AAM) with 2nd Oak Leaf Cluster (OLC), Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar.  Item 18 (Remarks) does not include an entry showing Gulf War service.  

6.  The applicant provides Headquarters, 42nd Field Artillery Brigade Permanent Orders Number 07-01, dated 5 June 1971, which awarded him the ARCOM for meritorious service during the period 8 November 1990 to 1 May 1991.

7.  In connection with the processing of this case, a member of the Board staff reviewed the Operation Desert Shield/Storm Personnel Roster.  This search confirms the applicant served in Southwest Asia from 1 October 1990 to 30 April 1991.


8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 7-14 provides guidance on award of the Southwest Asia Service Medal (SWASM).  It states, in pertinent part, that it is awarded to members for service in SWA in support of the Persian Gulf War during Operations Desert Shield/Desert Storm on or after 2 August 1990.  A bronze service star is authorized for campaigns a member participated in while serving in SWA.  During the applicant’s tenure of assignment, participation credit was granted the Defense of Arabia, Defense of Kuwait, and SWA Cease Fire campaigns.

9.  Paragraph 9-14 of the awards regulation provides guidance on the award of the Kuwait Liberation Medal-Saudi Arabia (KLM-SA).  It states, in pertinent part, that the KLM-SA was granted by decree of the King of Saudi Arabia and accepted by the Deputy Secretary of Defense on 7 October 1991.  It was awarded to members who served in support of Operation Desert Storm between 17 January 1991 and 28 February 1991.  

10.  Paragraph 9-15 of the awards regulation provides guidance on the award of the KLM-Government of Kuwait (KLM-KU).  It states, in pertinent part, the Government of Kuwait offered the KLM-KU to members of the Armed Forces of the United States and the medal was accepted by the Secretary of Defense on 16 March 1995.  It was awarded to members who served in support of Operation Desert Shield or Desert Storm between 2 August 1990 and 31 August 1993.

11.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for item 18 specify, in pertinent part, that for active duty Soldiers deployed with his or her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to document his Gulf War service and by adding the BSM and ARCOM was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the BSM and ARCOM, as evidenced by orders he provided and by a certificate and orders on file in his OMPF.  The OMPF also contains orders that show he was also awarded the AGCM, which was also omitted from his DD Form 214.  Therefore, it would be appropriate to add these awards to item 13 of his DD Form 214 at this time.


2.  The evidence of record also shows he served in SWA from 1 October 1990 to 30 April 1991, as evidenced by an entry on the Operation Desert Shield/Storm Personnel Roster, and that based on this service and his campaign participation, he is eligible for the SWASM with 3 bronze service stars, KLM-SA, and KLM-KU. Therefore, it would also be appropriate to add these awards to his record and item 13 of his DD Form 214, and to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001 TO 19910430" to item 18 of his DD Form 214 at this time.

BOARD VOTE:

___x____  __x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 his DD Form 214 by adding the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait to item 13 and by adding the entry "SarERVICE IN SOUTHWEST ASIA FROM 19901001 TO 19910430" to item 18; and by providing him a correction to his DD Form 214 that includes these changes. 




      _______ _   ___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)                                         AR20090005570



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