IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090011514 


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 he completed 2 years, 4 months, and 4 days of foreign service instead of 1 year, 4 months, and 4 days.

2.  The applicant states that he completed two periods of foreign service in Korea from 23 September 1993 to 30 September 1994 and 18 July 2001 to 18 July 2002.  He also served in Southwest Asia in support of Operation Desert Storm from January 1991 to May 1991.

3.  The applicant provides copies of his DA Forms 2166-7 (Noncommissioned Officer Evaluation Report) for the periods January 1991 through April 1991, September 1993 through September 1994, and July 2001 through July 2002; copies of certificates, dated 21 April 1991, 5 August 1994, and 20 May 2002, showing two awards of the Army Commendation Medal and an award of the Meritorious Service Medal, respectively; and a copy of his DD Form 214, dated 31 August 2005, 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 is a retired master sergeant (MSG) who initially enlisted in the Regular Army on 20 August 1985.  He held military occupational specialty 25Y (Information Systems Chief), completed various staff and leadership assignments within and outside the continental United States, and was honorably retired on 31 August 2005 and placed on the Retired List in his retired rank/grade of MSG/pay grade E-8 on 1 September 2005.

3.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows he completed 1 year, 4 months, and 4 days of foreign service.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Legion of Merit, Army Service Ribbon, the Meritorious Service Medal (3rd Award), the Army Commendation Medal (6th Award), the Army Achievement Medal (2nd Award), the Meritorious Unit Commendation, the Army Superior Unit Award, the Army Good Conduct Medal (6th Award), the National Defense Service Medal, the “Korean Service Medal,” the Southwest Asia Service Medal (3rd Award), the Global War on Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Army Service Ribbon, the Overseas Service Ribbon, the Kuwait Liberation Medal (Saudi Arabia) (KLM-SA), and the Army Lapel Button.

5.  Item 18 (Remarks) of the applicant's DD Form 214 does not show he served in a hostile fire pay/imminent danger pay (HFP/IDP) area.

6.  An electronic mail message, dated 16 November 2009, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms that the applicant received HFP/IDP from 1 January 1991 to 30 April 1991 for service in Southwest Asia.  Additionally, the applicant's name is shown on the Gulf War register as having served in Southwest Asia from 16 January 1991 to 7 May 1991.


7.  The applicant's records contain the following documents.

	a.  A certificate, dated 21 April 1991, shows he was awarded the Army Commendation Medal for meritorious service in support of U.S. Army Central Command during Operation Desert Storm.

	b.  A DA Form 2166-7 for the period September 1993 through September 1994 shows he was assigned to the 20th Signal Support Company, 41st Signal Battalion, 1st Signal Brigade, Korea.

	c.  A DA Form 638 (Recommendation for Award) and a certificate, dated 5 August 1994, show he was awarded the Army Commendation Medal for meritorious service in Korea from 27 September 1993 to 30 September 1994.

	d.  A DA Form 2166-7 for the period July 2001 through June 2002 shows he was assigned to Headquarters and Headquarters Company, 8th Personnel Command, Korea.

	e.  A certificate, dated 20 May 2002, shows he was awarded the Meritorious Service Medal for meritorious service in Korea from 18 July 2001 to 18 July 2002.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her 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 their retirement, discharge, or release from active duty.  Chapter 2 of this regulation state, in pertinent part, that the item 12f shows the total amount of foreign service completed during the period covered and is obtained from the Soldier's Enlisted Record Brief.  Additionally, 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).

9.  A review of the applicant's records indicates his entitlements to additional awards which are not shown on his records.


10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards.

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

	b.  The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954 under any of the following conditions:  within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander in Chief, Far East (CINCFE), other than one within the territorial limits of Korea, which has been designated by the CINCFE as having directly supported the military efforts in Korea; or was furnished an individual certificate by the CINCFE testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed while on permanent assignment; or on temporary duty for 30 consecutive days or 60 nonconsecutive days; or in active combat against the enemy under conditions other than the first two conditions provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit.

	c.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

	d.  The National Defense Service Medal which was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, between 2 August 1990 and 30 November 1995, and between 11 September 2001 and a date to be determined.  To signify receipt of a second or subsequent award of the National Defense Service Medal, a service star will be worn on the service ribbon by U.S. Army personnel so qualified.  A second or third award of the National Defense Service Medal is authorized for Soldiers who served in one or more of the four time periods listed above.

	e.  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, and selected countries.  To be eligible, a service member must be attached to or 
regularly serving for 1 or more days with an organization participating in ground or shore (military) operations, or attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations, or actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above, or 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.

	f.  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.

	g.  The KLM-SA awarded by the Kingdom of Saudi Arabia 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.

	h.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he completed 2 years, 4 months, and 4 days of foreign service instead of 1 year, 4 months, and 4 days.

2.  The evidence of record shows the applicant completed 3 months and 22 days in Southwest Asia from 16 January 1991 to 7 May 1991.  He also completed 1 year and 4 days of foreign service in Korea from 27 September 1993 to 
30 September 1994 and an additional 1 year and 1 day of foreign service in Korea from 18 July 2001 to 18 July 2002.  Therefore, he completed a total of 2 years, 3 months, and 27 days and is entitled to correction of his DD Form 214 to show the correct period of foreign service.

3.  The evidence of record shows that the applicant served in Korea from 27 September 1993 to 30 September 1994 and from 18 July 2001 to 18 July 2002.  Therefore, he served a qualifying period for award of the Korean Defense Service Medal.  This award is erroneously shown as the Korean Service Medal on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the correct award.

4.  The evidence of record shows the applicant was credited with two overseas tours in Korea from 27 September 1993 to 30 September 1994 and from 18 July 2001 to 18 July 2002.  Therefore, he is entitled to two awards of the Overseas Service Ribbon and correction of his DD Form 214 to shows these awards.

5.  The evidence of record confirms that the applicant served honorably during the period 20 August 1985 through 31 August 2005.  During his service, the National Defense Service Medal was authorized for honorable active service between 2 August 1990 and 30 November 1995 and from 11 September 2001 to a date to be determined.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded National Defense Service Medal.

6.  The evidence of record shows the applicant served in Southwest Asia from 16 January 1991 to 7 May 1991 and was awarded the Southwest Asia Service Medal.  Only one award of the Southwest Asia Service Medal is authorized.  He participated in the Defense of Saudi Arabia, Liberation and Defense of Kuwait, and the Southwest Asia Cease-Fire campaigns and is entitled to three bronze service stars to be affixed to his Southwest Asia Service Medal.  However, his DD Form 214 incorrectly shows he received three awards of the Southwest Asia Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the correct bronze service stars to be affixed to his already-awarded Southwest Asia Medal.

7.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War from 16 January 1991 to 7 May 1991; therefore, he served a qualifying period for award of the KLM-KU in addition to his already-awarded KLM-SA and is entitled to correction of his records to show this award.

8.  The evidence of record shows the applicant received HFP/IDP for his service in Southwest Asia from 16 January 1991 to 7 May 1991.  Therefore, he is entitled to correction of his DD Form 214 to show his service in Southwest Asia.

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.  deleting from item 12h the entry "1 year, 4 months, and 4 days" and adding the entry "2 years, 3 months, and 27 days";

	b.  deleting from item 13 the Korean Service Medal, the National Defense Service Medal, the Overseas Service Ribbon, and the Southwest Asia Service Medal (3rd Award);

	c.  adding to item 13 of his DD Form 214 the Korean Defense Service Medal, the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal (Kuwait), the Overseas Service Ribbon (2nd Award), and the National Defense Service Medal with one bronze service star; and

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 16 JANUARY 1991 TO 7 MAY 1991."

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 showing he served overseas for 2 years, 4 months, and 4 days.



      ___________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)                                         AR20090011514



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ABCMR Record of Proceedings (cont)                                         AR20090011514



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