IN THE CASE OF:	

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090014170 


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 award of the Armed Forces Expeditionary Medal (AFEM), the Kuwait Liberation Medal (KLM), and the Southwest Asia Service Medal (SWASM).  

2.  The applicant states he reviewed his DD Form 214 and it did not reflect he received credit for these awards.  

3.  The applicant provides a copy of his DD Form 214 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.  After having prior service in the Army National Guard, he enlisted in the Regular Army on 15 May 1984.  He served in Germany from May 1984 to November 1985 and Korea from December 1987 to December 1988.

3.  Headquarters, 2nd Armored Division (forward) Permanent Orders 005-3, dated 8 January 1986, show the applicant was awarded the Army Achievement Medal for meritorious service from 15 June 1984 to 15 November 1985.

4.  Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Orders 232-138, dated 17 December 1987, show the applicant was awarded the Army Achievement Medal for meritorious service from 30 December 1985 to 9 September 1987.

5.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not list award of the AFEM, the KLM or the SWASM.  

6.  The applicant was honorably discharged on 21 May 1991.  His DD Form 214 shows 3 years and 12 days of foreign service in Item 12f (Foreign Service).  Item 18 (Remarks) of his DD Form 214 does not show he served in Southwest Asia.

7.  His DD Form 214 shows he was awarded the Good Conduct Medal (2), the Noncommissioned Officer Professional Development Ribbon (1), the Overseas Service Ribbon (2), the Army Service Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Army Lapel Button, the Driver-Mechanic Badge, the Air Assault Badge, the Expert Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter Marksmanship Qualification Badge with Tow Gunner Bar, and a duplicate entry for the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm Data Base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This database shows the applicant served during Operation Desert Storm from "29" February 1991 to 5 April 1991.

9.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

10.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the SWASM to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991), and the Cease-Fire (12 April 1991 to 30 October 1995) Campaigns.

11.  The Kuwait Liberation Medal - 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.

12.  The Kuwait Liberation Medal - 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.

13.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that Item 18 is used for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.  Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates)" will be entered in Item 18 for active duty Soldiers deployed to a foreign country with their unit.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided evidence which shows he participated in military operations in a specific geographic location that was authorized award of the AFEM.  Therefore, there is insufficient evidence on which to base correction of his records to show the AFEM.  

2.  The DMDC database shows the applicant was deployed in support of Operation Desert Storm from "29" February 1991 to 5 April 1991.  There were only 28 days in February in 1991.  Therefore, he served a period of qualifying service for award of the SWASM with one bronze service star, the KLM-SA, and the KLM-KU.
3.  Based on the applicant's service in SWA as determined in paragraph 2 above, it would be appropriate to amend Item 18 of his DD Form 214 to show the entry "SERVICE IN SWA FROM 19910228-19910405."  

4.  Permanent orders show he was awarded two awards of the Army Achievement Medal.  Therefore, these awards should be added to his DD Form 214.  

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.  amending his DD Form 214 to add award of the SWASM with one bronze service star, the KLM-SA, the KLM-KU, and two awards of the Army Achievement Medal; and

	b.  amending Item 18 to add the entry "SERVICE IN SWA FROM 19910228-19910405."  

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 award of the AFEM.



      _______ _   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)                                         AR20090014170





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ABCMR Record of Proceedings (cont)                                         AR20090014170



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