IN THE CASE OF:	

		BOARD DATE:	    5 January 2010

		DOCKET NUMBER:  AR20090013240 


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 and any campaign medals associated with his service in Southwest Asia.

2.  The applicant states he believes the record is unjust because his wartime service is not annotated.

3.  The applicant provides a copy of his DD Form 214, dated 22 October 1993, 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 record shows he enlisted in the Regular Army for a period of 3 years on 19 January 1984.  He was trained in and/or was awarded military occupational specialties 64C (Vehicle Driver), 71L (Administrative Specialist), and 13B (Field Artillery Crewmember).  He also executed a 5-year reenlistment in the Regular Army and was honorably discharged on 22 October 1993 in the rank/grade of sergeant (SGT)/E-5 by reason of parenthood.

3.  The applicant's record also shows he completed 4 years and 12 days of foreign service as follows:

	a.  he served in Germany for a period of 1 year, 5 months, and 17 days from 18 September 1984 to 6 March 1986;

	b.  he served in Korea for a period of 1 year and 27 days from 13 January 1988 to 8 February 1989;

	c.  he served in Saudi Arabia for a period of 6 months and 1 day from 26 September 1990 to 26 March 1991; and

	d.  he served in Korea for 11 months and 27 days from 28 September 1992 to 17 September 1993.

4.  Item 12 (Foreign Service) of his DD Form 214 shows the entry "See Item 18."

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Army Good Conduct Medal (2nd Award), and the Noncommissioned Officer Professional Development Ribbon.

6.  Item 18 (Remarks) shows the entry "A DD Form 215 (Correction to DD Form 214) will be issued to provide missing information."

7.  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 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 north latitude and west of 68 degrees east 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 1 or more days with an organization participating in ground or shore (military) operations;

	b.  attached to or regularly serving for 1 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.

8.  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 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.

9.  Army Regulation 600-8-22 provides for awards of the Kuwait Liberation Medal (Saudi Arabia) (KLM-SA) and the Kuwait Liberation Medal (Kuwait) 
(KLM-KU).  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.  The KLM-KU awarded by the Government of Kuwait 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.

10.  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 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 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.

11.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.

12.  Headquarters, 8th Medical Command, Permanent Orders 79-1, dated 26 October 1988, awarded the applicant the Drivers [Driver and Mechanic] Badge with Wheel Component Bar.

13.  Headquarters, 8th Medical Command, Permanent Orders 8-3, dated 20 January 1989, awarded the applicant the Army Achievement Medal for meritorious service from 7 April 1988 to 12 February 1989.

14.  Headquarters and Headquarters Company, 2nd Infantry Division, Permanent Orders 34-02, dated 26 January 1993, awarded the applicant the Army Good Conduct Medal (3rd Award) for meritorious service from 10 June 1990 to 9 June 1992 [sic].

15.  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).  Numerals are used to denote second and subsequent awards of the Overseas Service Medal.

16.  Army Regulation 600-8-22 states that 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.  The 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.


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 26 September 1990 to 26 March 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 26 September 1990 to 26 March 1991; therefore, he served a qualifying period for award of the KLM-SA and the KLM-KU and he is entitled to correction of his records to show these medals.

3.  The evidence of record 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/Desert Storm.  Therefore, his DD Form 214 should be corrected to show his combat service.

4.  Permanent orders awarded the applicant the Army Achievement Medal and the Driver and Mechanic Badge with Wheel Component Bar which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  The evidence of record shows the applicant served in Korea from 13 January 1988 to 8 February 1989 and from 26 September 1990 to 26 March 1991; therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

6.  The evidence of record shows the applicant was awarded three awards of the Army Good Conduct Medal, one of which is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show three awards of the Army Good Conduct Medal.

7.  The evidence of record shows the applicant was credited with three overseas service tours in Germany and Korea; therefore, he is entitled to three awards of the Overseas Service Ribbon and correction of his records to show these awards.  He also completed 4 years and 12 days of foreign service in Korea, Germany, and Southwest Asia and is therefore entitled to correction of his DD Form 214 to show his foreign service.


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:

	a.  deleting from item 12f of his DD Form 214 the entry "See item 18" and adding the entry "04  00  12";

	b.  deleting from item 13 of his DD Form 214 the Army Good Conduct Medal (2nd Award) and adding the Army Good Conduct Medal (3rd Award), the Overseas Service Ribbon (3rd Award), the Army Achievement Medal, the Driver and Mechanic Badge with Component Wheel Bar, the Southwest Asia Service Medal with two bronze service stars, the KLM-SA, the KLM-KU, and the Korea Defense Service Medal; and

	c.  adding to item 18 of his DD Form 214 the entry "Service in Southwest Asia 19900026-19910326."



      _______ _ 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)                                         AR20090013240



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ABCMR Record of Proceedings (cont)                                         AR20090013240



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