IN THE CASE OF:	  

		BOARD DATE:	  26 August 2009

		DOCKET NUMBER:  AR20090006860 


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 add the Army Commendation Medal, the Good Conduct Medal and the Southwest Asia Service Medal, and delete the Coast Guard Medal.

2.  The applicant states that his DD Form 214 contains incorrect and missing information as he never served alongside the Coast Guard nor was he awarded the Coast Guard Medal.  

3.  The applicant provides a copy of his DD Form 214, dated 20 January 1999; a copy of a DA Form 638 (Recommendation for Award) and certificate, dated 13 November 1998, showing award of the Army Commendation Medal; a copy of Permanent Orders 270-00031, issued by Headquarters, Fort Riley, on 26 September 1996; a copy of an All Army Activities (ALARACT) Message, dated 15 October 1994; a copy of his deployment orders, dated 14 October 1994; and a copy of an article he authored in a local newsletter, in support of his request.

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 records show he enlisted in the Regular Army on 21 January 1994.  He completed basic combat and advanced individual training and was awarded military occupational specialty 46Q (Journalist).  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 20 January 1999 and transferred to the U.S. Army Reserve (Reinforcement) for completion of his Reserve obligation.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Lapel Button, the National Defense Service Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, Fort Riley, Fort Riley, KS, Permanent Orders Number 316-1, dated 13 November 1998, show the applicant was awarded the Army Commendation Medal for meritorious service from 5 July 1994 to 16 November 1998.

5.  Headquarters, Fort Riley, Fort Riley, KS, Permanent Orders 270-00031, dated 26 September 1996, show the applicant was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active service during the period 21 January 1994 through 20 January 1997.

6.  Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Fort Riley, KS, Orders 287-00343, dated 14 October 1994, directed the applicant's deployment to Southwest Asia for a period of 179 days, beginning on or about 15 October 1994, in support of Operation Southern Watch. 

7.  Achievement Number 2 of the applicant's DA Form 638, dated 12 November 1998, shows the entry "deployed to Kuwait in support of Operation Vigilant Warrior in October 1994, where he served as a staff writer for the Desert Voice.  During his four-week deployment, his assignments included writing stories and taking photographs for this weekly newspaper." 




8.  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.  The Southwest Asia Service Medal (SWASM) is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  Members of the Armed Forces of the United States serving in Israel, Egypt, Turkey, Syria, and Jordan (including the airspace and territorial waters) between 17 January 1991 and 11 April 1991 will also be eligible for this award.  Members serving in these countries must have been under the command and control of U.S. Central Command or directly supporting military operations in the combat theater.  To be eligible, a service member must meet one or more of the following criteria:

	a.  Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations.

	b.  Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations.

	c.  Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above.

	d.  Be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days.  These time limitations may be waived for people participating in actual combat operations.

9.  Appendix B of Army Regulation 600-8-22 lists three campaigns associated with the Southwest Asia Service Medal: Defense of Saudi Arabia, 2 August 1990 to 16 January 1991; Liberation and Defense of Kuwait, 17 January 1991 to 11 April 1991, and the Southwest Asia Cease-Fire  12 April 1991 to 30 November 1995.  This same regulation states that a bronze service star will be awarded for wear on the Southwest Asia Service Medal for participation in each designated campaign.  





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the Army Commendation Medal, the Good Conduct Medal and the Southwest Asia Service Medal, and delete the Coast Guard Medal.

2.  Permanent orders awarded the applicant the Army Commendation Medal for meritorious service from 5 July 1994 to 16 November 1998 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Permanent orders awarded the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active service during the period 21 January 1994 through 20 January 1997 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows that the applicant deployed to Southwest Asia on or about 15 October 1994 in support of Operation Southern watch where he served for a period of 4 weeks.  Although it is unclear if the Army Commendation Medal recommending official meant "28 exact days" of deployment or a 4 weeks as in a "whole month," it appears that the applicant met the criteria for award of the Southwest Asia Service Medal and should have his records corrected to show this award.  Additionally, he participated in one campaign during his service in Southwest Asia and should be awarded one bronze service star to be affixed to this medal.

5.  With respect to award of the Coast Guard Medal, it is the policy of the Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.  Nevertheless, since the applicant specifically requested this award be removed, his DD Form 214 should therefore be corrected to delete this award.

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 deleting the Coast Guard Medal and adding the Army Commendation Medal, the Good Conduct Medal (1st Award), and the Southwest Asia Service Medal with one bronze service star.




      _______ _   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)                                         AR20090006860





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ABCMR Record of Proceedings (cont)                                         AR20090006860



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