IN THE CASE OF:	

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090018065 


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 all awards associated with his service in Southwest Asia in support of Operations Desert Shield/Desert Storm and his service during Hurricane Andrew in 1992.

2.  The applicant states his unit did not record the awards on his DD Form 214.

3.  The applicant provides a copy of Permanent Orders 033-003, issued by Headquarters, 10th Mountain Division, Fort Drum, NY, dated 12 April 1991, with a deployment manifest and copies of DD Forms 1610 (Request and Authorization for TDY [Temporary Duty] Travel of DOD Personnel), dated 9 April 1991 and 17 June 1991, 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 on 13 September 1988 and held military occupational specialty 52D (Power Generation Equipment Repairer).  He was honorably released from active duty on 12 September 1993 and he subsequently enlisted in the Michigan Army National Guard on 13 September 1993.  His DD Form 214 shows the following entries:

	a.  Item 8a (Last Duty Assignment and Major Command) shows at the time of his separation he was assigned to the 514th Maintenance Company, Fort Drum, NY.

	b.  Item 12f (Foreign Service) shows the entry "00  00  00";

	c.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, National Defense Service Medal, Army Good Conduct Medal, Army Lapel Button, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

	d.  Item 18 (Remarks) does not show service in an imminent danger pay (IDP)/hostile fire pay (HFP) area.

3.  His name is shown on the Gulf War roster as having served in Southwest Asia from 1 October 1990 to 15 April 1991.

4.  An electronic mail message, dated 5 April 2010, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms he received IDP/HFP from 27 September 1990 to 19 June 1991.

5.  Hurricane Andrew was a powerful category-5 hurricane that made landfall in Florida and Louisiana on 23 and 24 August 1992.  Several military units supported relief operations during Hurricane Andrew.  Some units were subsequently awarded the Humanitarian Service Medal.  There is no indication in the applicant's records that he performed duties during Hurricane Andrew or that his unit was awarded the Humanitarian Service Medal.

6.  He submitted the following documents:

	a.  A copy of Permanent Orders 033-003, issued by Headquarters, 10th Mountain Division, Fort Drum, NY, dated 12 April 1991, ordering the 514th Maintenance Company (among other units) on a temporary change of station (TCS) to Saudi Arabia in support of Operation Desert Shield effective 25 September 1990.

	b.  A copy of a by-name deployment manifest, dated 25 September 1990, listing his name as deploying with the 514th Maintenance Company.

	c.  A copy of a DD Form 1610, dated 9 April 1991, ordering the 548th Combat Support Battalion to proceed from Dammam, Saudi Arabia, to Bayonne, NJ, by ship on an unknown date.

	d.  A copy of an amended DD Form 1610, dated 17 June 1991, changing an itinerary to show authorized travel from Baltimore, MD, to Fort Drum, NY, and return.

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

	a.  The Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear on the Southwest Asia Service Medal (SWASM) for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

	b.  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.

	c.  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.

	d.  The Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a DOD-approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 shows the Hurricane Andrew Disaster Relief Operation (23 August 1992 to 10 November 1992 in Florida and 26 August 1992 to 8 October 1992 in Louisiana) was approved by the DOD as qualifying for award of the Humanitarian Service Medal.  A by-name listing of eligible participants was forwarded to the recommending command.

8.  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 and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 of this regulation states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was ordered on a TCS deployment in support of Operation Desert Shield on or about 25 September 1990.  He was then ordered to proceed from Saudi Arabia to Bayonne, NJ, on or about 19 April 1991.  Additionally, his name is listed on the Gulf War roster as having served in Southwest Asia from 1 October 1990 to 15 April 1991.  However, his pay records show he received IDP/HFP from 27 September 1990 to 21 June 1991.

	a.  Although he received IDP/HFP from 27 September 1990 to 21 June 1991, his TCS/TDY orders that show his service from on or about 25 September 1990 to 17 April 1991 are consistent with the dates shown on the Gulf War roster which shows his service as 1 October 1990 to 15 April 1991.  This period, from 1 October 1990 to 15 April 1991, appears to be his more likely period of service in Southwest Asia.

	b.  Based on this period of service, he completed 6 months and 15 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.

	c.  Although his exact dates of service in Southwest Asia cannot be conclusively determined, he served a qualifying period for award of the SWASM. 
He also participated in three campaigns during his service in Southwest Asia and is therefore entitled to award of three bronze service stars to be affixed to the SWASM.  He also served a qualifying period of service for award of the KLM-SA and the KLM-KU and he is entitled to correction of his records to show these medals.

2.  With respect to Hurricane Andrew awards, the only unit award pertaining to this disaster relief operation is the HSM.  However, there is no evidence to show he was on any by-name listing of eligible participants in the Hurricane Andrew Disaster Relief Operation.  In the absence of documentary evidence that shows he directly participated in the disaster relief operations, there is insufficient evidence to award him the HSM.

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 12f of his DD Form 214 the entry "00  00  00" and adding the entry "00  06  15";

	b.  adding to his DD Form 214 the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU; and

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST Asia FROM 19901001-19910415."


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 any awards related to Hurricane Andrew.



      ___________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)                                         AR20090018065



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ABCMR Record of Proceedings (cont)                                         AR20090018065



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