BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008493 


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 the Southwest Asia Service Medal, the Kuwait Liberation Medal, the Army Commendation Medal, and the Overseas Service Medal (2nd Award).  

2.  The applicant states, in effect, that he was discharged prior to these awards being authorized; therefore, he would like his DD Form 214 corrected so that he may qualify for certain State benefits.  

3.  The applicant provides a copy of a certificate, dated 6 June 1991, showing award of the Army Commendation Medal; a copy of a certificate for participation in Operation Desert Shield; a copy of his DD Form 214, dated 3 June 1991; and a copy of his DA Form 2-1 (Personnel Qualification Record) 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 (RA) for a period of 4 years on 30 August 1983.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63W (Wheel Vehicle Mechanic).  He also executed a 4-year reenlistment in the RA on 7 April 1987.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 3 June 1991.

3.  The applicant’s records also show he completed the following periods of foreign service:

	a.  he served in Germany for a period of 3 years, 5 months, and 6 days from 6 March 1984 to 13 August 1987; and 

	b.  he served in Southwest Asia for a period of 6 months and 28 days from 14 September 1990 to 11 April 1991 in support of Operations Desert Shield/Storm.  

4.  Item 12 (Foreign Service) of his DD Form 214 shows he completed 4 years and 6 days of foreign service.  

5.  Item 13 (Decorations, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Good Conduct Medal (2nd Award), the Noncommissioned Officer Professional Development Ribbon, the Overseas Service Ribbon, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, the Army Lapel Button, the Air Assault Badge, the Driver and Mechanic Badge, and the National Defense Service Medal.  Item 13 does not show the awards the applicant requested. 

6.  The applicant submitted a copy of a certificate, dated 6 June 1991, that shows he was awarded the Army Commendation Medal for meritorious achievement in support of Operation Desert Shield.  However, the applicant’s records do not contain permanent orders that show he was awarded the Army Commendation Medal.  The certificate contains the number "4-155"; however, it is unclear if this indicates a permanent order number.  Additionally, there is no indication of the orders issuing authority.



7.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  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.  The Southwest Asia Service Medal 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 U.S. armed forces 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.  attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations;

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

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

	d.  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.  

10.  Army Regulation 600-8-22 provides for awards of the Kuwait Liberation Medal (K) and the Kuwait Liberation Medal (SA).  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.  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.

11.  Army Regulation 600-8-22 provides for award of the Overseas Service Ribbon for successful completion of overseas tours.  At the time the overseas service must not have been recognized with another U.S. service medal.  Paragraph 5-4c of this regulation states that a Soldier must be credited with a normal overseas tour completion according to Army Regulation 614-30 (Overseas Service).

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 of this regulation states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Southwest Asia Service Medal, the evidence of record shows the applicant served in Southwest Asia from 14 September 1990 to 11 April 1991.  Therefore he served a qualifying period for award of the Southwest Asia Service Medal.  Furthermore, he participated in two campaigns during his service in Southwest Asia; therefore, he is entitled to award of two bronze service stars to be affixed to the Southwest Asia Service Medal.

2.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 14 September 1990 to 11 April 1991; therefore, he served a qualifying period for award of the Kuwait Liberation Medal (K), and the Kuwait Liberation Medal (SA) and he is entitled to correction of his records to show these medals.

3.  The evidence of records shows the applicant was an active duty Soldier deployed with his unit during their continuous period of active service and completed 6 months and 28 days in Southwest Asia in support of Operations Desert Shield/Storm.  Therefore, his DD Form 214 should be corrected to show his combat service. 

4.  With respect to the Overseas Service Ribbon, the applicant was awarded the Southwest Asia Service Medal for his overseas tour.  There is no evidence that the applicant completed and/or was credited with completing a normal overseas tour of service in Southwest Asia.  Therefore, he does not meet the criteria for award of a second Overseas Service Ribbon.

5.  With respect to the Army Commendation Medal, the applicant’s record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Army Commendation Medal.  The certificate submitted by the applicant listed the number "4-155"; however, it is unclear if this indicates a permanent order number and there is no indication of the orders issuing authority.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Therefore, there is insufficient evidence to grant the applicant the requested relief. 

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.  adding the entry "Service in Southwest Asia from 14 September 1990 to 11 April 1991" to item 18 of his DD Form 214; and

	b.  adding the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal (K), and the Kuwait Liberation Medal (SA) to the list of awards shown on his DD Form 214.

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 correcting his DD Form 214 to show the Army Commendation Medal and a second Overseas Service Ribbon.




      _______ _   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)                                         AR20090008493



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ABCMR Record of Proceedings (cont)                                         AR20090008493



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