IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090008753 


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 foreign service and all earned awards.  

2.  The applicant states, in effect, he served in Southwest Asia, in support of Operation Desert Storm, from 28 December 1990 through 10 July 1991, which is not reflected on his DD Form 214.  He also states that all of his awards are not included on his DD Form 214.   

3.  The applicant provides photographs and an award certificate 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 12 November 1985.  He was trained in and awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  

3.  The applicant's record shows he was discharged under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial and issued an under other than honorable conditions (UOTHC) discharge on 8 October 1996.  The DD Form 214 he was issued upon discharge shows he completed a total of 10 years, 1 month and 15 days of creditable active military service and he accrued 286 days of time lost due to being absent without leave (AWOL) from 
5 June 1995 through 16 March 1996.  

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 documents no overseas service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal (NDSM) and Army Service Ribbon (ASR).  Item 18 (Remarks) contains no entry regarding deployed service, but does contain an entry indicating the applicant was separated using temporary records and a 
DD Form 215 (Correction to DD Form 214) would be issued to provide missing information.  

5.  The applicant's Official Military Personnel File (OMPF) contains the following award orders:

	a.  Headquarters, United States Army Infantry Center (USAIC), 
Fort Benning Georgia, Permanent Orders 249-19, dated 30 December 1986, which awarded him the Parachutist Badge;

	b.  Headquarters, USAIC, Fort Benning Georgia, Permanent Orders 198-3, dated 13 October 1988, which awarded him the Army Good Conduct Medal (AGCM), for the period 12 November 1985 through 11 November 1988; 

	c.  Headquarters, USAIC, Fort Benning Georgia, Permanent Orders 200-13, dated 17 October 1988, which awarded him the Army Achievement Medal (AAM), for meritorious service for the period 28 February 1986 through
22 November 1988; 

	d.  Headquarters, 29th Infantry Regiment, Fort Benning, Georgia, Permanent Orders 86-13, dated 3 May 1990, which awarded him the Army Commendation Medal (ARCOM), for meritorious service during the period 18 November 1988 through 5 May 1990; 


	e.  Headquarters, USAIC, Fort Benning, Georgia, dated 4 May 1990, which awarded him the Driver Badge for the period 10 November 1988 through
10 January 1990; 

	f.  Headquarters, 3rd Armored Division, Operation Desert Storm, APO NY 09760, Permanent Orders 36-32, dated 5 April 1991, which awarded him the Combat Infantryman Badge (CIB) for engagement in active enemy combat during the period 24 through 28 February 1991; 

	g.  369th Personnel Service Company, APO AE 09169 Permanent Orders 208-53 (orders number is partially illegible), dated 8 November 1992, which awarded the applicant the AGCM (2nd Award) for the period 
12 November 1988 through 11 November 1991; and 

	h.  55th Personnel Service Battalion, Detachment C Friedberg, APO AE 09074 Permanent Order 081-008, dated 22 March 1995, which awarded him the AGCM (3rd Award) for the period 12 November 1991 through 11 November 1994.

6.  The applicant's OMPF also contains Page 1 of a DA Form 638 (Recommendation for Award), dated 9 December 1992, which shows the applicant was recommended for the ARCOM for meritorious achievement during the period 9 November through 2 December 1992.  This form lists the ARCOM, AAM, and ASR as previous awards.  Page 2 of the form is not on file and there is no indication this award was approved by proper authority and/or authorized and announced in official orders.  

7.  A review of the applicant’s Defense Finance and Accounting Service (DFAS) pay record confirms he was paid imminent danger pay (IDP)/hostile fire pay (HFP) from 1 January through 13 June 1991.  The applicant indicates he served in Southwest Asia (SWA) in support of Operation Desert Storm from 
28 December 1990 through 10 July 1991.  However, there are no reports of IDP/HFP for the applicant for this period.  

8.  The applicant provides an ARCOM certificate, dated 9 March 1991, which indicates he was awarded the ARCOM for exceptional service during Operation Desert Storm from 24 through 28 February 1991.  There are no orders indicating authorization and approval of the award listed on the certificate.  He also provides two official photographs of himself and a group photograph that includes him that shows service members who served during Operation Desert Storm.  The group photograph is from an unknown source. 

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 instructions for completing the DD Form 214.  The instructions for item 12f are to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for item 13 are to list awards and decorations for all periods of service.  The instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included in item 18.   

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-14 contains guidance on the Southwest Asia Service Medal (SWASM) and states, in pertinent part, that it is awarded to members who served in SWA after 2 August 1990 through 30 November 1995.  It further states that one bronze service star will be worn with the SWASM for each campaign a member was credited with participating in while serving in SWA.  SWA campaigns are as follows:  Defense of Saudi Arabia (2 August 1990-16 January 1991), Liberation and Defense of Kuwait (17 January 1991-11 April 1991), and Southwest Asia Cease Fire (12 April 1991-30 November 1995).

11.  Paragraph 9-14 of the awards regulation contains guidance on the Kuwait Liberation Medal-Saudi Arabia (KLM-SA) and states, in pertinent part, that it is awarded to members who participated in Operation Desert Storm between 
17 January and 28 February 1991.  Paragraph 9-15 contains guidance on the Kuwait Liberation Medal-Kuwait (KLM-K) and states, in pertinent part, that it is awarded to members who served in SWA in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 31 August 1993.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his SWA service in support of Operation Desert Storm should be documented on his DD Form 214 has been carefully considered and found to have merit.  Although the applicant claims he served in SWA from 28 December 1990 through 10 July 1991, the DFAS record verifies only that he served in SWA from 1 January through 13 June 1991.  The evidence of record and independent evidence submitted by the applicant fail to confirm the SWA service dates he claims.  As a result, it would be appropriate to correct the applicant's record and DD Form 214 to document SWA service from 1 January through 13 June 1991, as confirmed by the DFAS record by amending item 12f and item 18 accordingly.  
2.  The applicant's record shows he was separated on temporary records and the following awards were omitted from his DD Form 214:  ARCOM, AAM, AGCM (3rd Award), CIB, Parachutist Badge, and Driver's Badge. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.  

3.  Further, based on his SWA service and campaign participation, the applicant is also eligible for the SWASM with 3 bronze service stars, KLM-SA, and KLM-K, which also should be added to his record and DD Form 214 at this time.  

4.  The record fails to corroborate the fact that the applicant was awarded the ARCOM for the period 24 through 28 February 1991, as represented on the certificate he provides.  There are no orders for this award in the OMPF and the authorizing orders are not identified on the certificate he provides.  As a result, there is insufficient evidence to confirm this award was ever approved by proper authority and/or authorized and announced in official orders.  

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 amending his DD Form 214 as follows:

a. Item 12f - delete the current entry and replace it with the entry 
"0000  05  13"; 

	b.  Item 13 - add the "Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal (3rd Award), Southwest Asia Service Medal with
3 bronze service stars, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Combat Infantryman Badge, Parachutist Badge, and Driver's Badge"; and 

	c.  Item 18 - add the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910613."

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 additional Southwest Asia service or other overseas service not documented in the record and/or additional awards not confirmed with award orders.  



      _______ _   _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)                                         AR20090008753



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ABCMR Record of Proceedings (cont)                                         AR20090008753



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