IN THE CASE OF:	  

		BOARD DATE:	       26 August 2009

		DOCKET NUMBER:  AR20090005709 


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 the Southwest Asia (SWA) Service Medal (SWASM) with one bronze service star and Humanitarian Service Medal (HSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he served in SWA and that this service was documented in a DD Form 215 (Correction to DD Form 214) issued on 22 January 2009.

3.  The applicant provides his DD Form 214 and DD Form 215 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 and entered active duty on 28 November 1989.  He was trained in, awarded, and served in military occupational specialty 52C (Utility Equipment Repairman).

3.  The applicant's official military personnel file (OMPF) contains a Certificate of Achievement he received for his distinctive service as a member of Joint Task Force Bravo in support of Operation Provide Comfort in Northern Iraq.  It also contains a Certificate of Appreciation he received for his outstanding contributions in support of the Kurdish humanitarian relief effort during Operation Provide Comfort.

4.  On 20 July 1993, the applicant was honorably released from active duty after completing a total of 3 years, 7 months, and 23 days of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 18 (Remarks) contains no entry indicating deployed service during the period covered by the DD Form 214.

5.  On 22 January 2009, a DD Form 215 was issued that corrected his DD Form 214 by amending item 18 to add the entry, "SERVICE IN IRAQ FROM 24 APRIL 1991 TO 15 JUNE 1991."

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-14 provides guidance on the SWASM.  It states, in pertinent part, that it is authorized for service in SWA between 2 August 1990 and 30 November 1995.  It also stipulates that a bronze service star is authorized for wear with the SWASM for each campaign a member is credited with participating in while serving in SWA.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in SWA, participation credit was granted for the SWA Cease Fire (12 April 1991 through 30 November 1995) campaign.

7.  Paragraph 2-22 of Army Regulation 600-8-22 contains guidance on the HSM and states, in pertinent part, that it is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense (DOD) approved significant military act or operation of a humanitarian nature.  Appendix C identifies DOD and Department of the Army approved HSM operations and includes Combined Joint Task Force Provide Comfort (first increment) during the period 5 April 1991 through 14 June 1991.

8.  Paragraph 9-15 of Army Regulation 600-8-22 contains guidance on award of the Kuwait Liberation Medal-Kuwait (KLM-KU) and states, in pertinent part, that it is awarded to members who served in designated areas in SWA which included Iraq between 2 August 1990 and 31 August 1993. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions for the DD Form 214.  The instructions for item 13 state, in pertinent part, to list all awards and decorations for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the SWASM with one bronze service star should be added to his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Iraq from 24 April 1991 to 15 June 1991 as evidenced by his DD Form 215.  Based on his service and campaign participation in SWA, he is eligible for the SWASM with one bronze service star and the KLM-KU.  Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.

2.  The applicant's contention that he is eligible for the HSM based on his service in support of Operation Provide Comfort was also carefully considered and found to have merit.  By regulation, the HSM is authorized for service in support of approved HSM operations which includes Combined Joint Task Force Provide Comfort (first increment) during the period 5 April 1991 through 14 June 1991.  The evidence of record shows the applicant directly participated in the Combined Joint Task Force Provide Comfort operation during the qualifying period as evidenced by the appreciation and achievement certificates on file in his OMPF.  As a result, it would also be appropriate to add this award to 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 item 13 of his DD Form 214 by adding the Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal-Kuwait, and Humanitarian Service Medal and by providing him a correction to his DD Form 214 that includes these awards.



      _______ _    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)                                         AR20090005709



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ABCMR Record of Proceedings (cont)                                         AR20090005709



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