IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090018329 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include his dates of service in Saudi Arabia and his award of the Southwest Asia Service Medal.  He also requests award of the Army Good Conduct Medal.

2.  The applicant states he was awarded the Southwest Asia Service Medal for his service in Saudi Arabia with Company B, 2nd Battalion, 12th Infantry Regiment, from December 1992 through April 1993.  Although he served for three consecutive years with no negative entries, he was not awarded the Army Good Conduct Medal.  He needs these corrections to obtain New York State Persian Gulf Veterans license plates.

3.  The applicant provides copies of his DD Form 214, an Army Achievement Medal Certificate, and an Operation Phantom Sentinel certificate of appreciation.

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 enlisted in the Regular Army on 11 September 1990.

3.  An Army Achievement Medal Certificate, dated 19 April 1993, shows 12th Infantry Regiment Permanent Order 12-56 awarded the applicant the Army Achievement Medal for meritorious service in Saudi Arabia from 10 December 1992 to 15 April 1993.

4.  An undated certificate of appreciation shows the 1st Battalion, 43rd Air Defense Artillery Regiment, recognized the applicant for his service in the Kingdom of Saudi Arabia during Operation Phantom Sentinel.

5.  The applicant's record contains no derogatory entries or a notation that the applicant was considered not eligible for award of the Army Good Conduct Medal.

6.  His DD Form 214 provides the following:

	a.  block 4 (Grade, Rank, Rate), specialist;

	b.  block 12c (Net Service This Period), 3 years;

	c.  block 12f (Foreign Service), 0 years, 0 months, 0 days;

	d.  block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), Army Achievement Medal with 1st Oak Leaf Cluster, Army Lapel Button, Army Service Ribbon, National Defense Service Medal, Expert Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars; and

	e.  block 18 (Remarks), does not include any entry related to service during Operations Desert Shield, Desert Storm or Phantom Sentinel.

7.  The DA Form 2-1 (Personnel Qualification Record) of record appears to have been prepared to record his service in Army National Guard, post-dating his active duty service.  It provides the following:

	a.  award of military occupational specialty 11B (Infantryman) on 14 December 1990 and 11M (Fighting Vehicle Infantryman) on 10 August 1992;

	b.  service in Saudi Arabia (dates of this service are not recorded); and

	c.  award of the Army Service Ribbon, National Defense Service Medal, Expert Infantryman Badge, Army Achievement Medal (2nd Award), Marksman Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Hand Grenade Bar.

8.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base listing the dates and organization of assignment for each service member who participated in theater during the different phases of the Persian Gulf War, Operation Desert Shield/Desert Storm, and the associated operations in Southwest Asia between 1990 and 1995.  A review of this data base shows the applicant served in Southwest Asia for the period 1 December 1992 through 30 April 1993 (5 months).

9.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  The Army Good Conduct Medal is awarded to those individuals who distinguish themselves by their conduct, efficiency, and fidelity during a 3-year period of service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any case of unfavorable consideration requires the immediate commander to notify the individual of the rationale for the decision and permits the member to respond.  This action is to be filed in the Soldier's official military personnel file.

	b.  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.

	c.  A bronze service star is authorized based on qualifying service for each designated campaign period listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Southwest Asia Service Medal.  Based on the applicant's dates of service in Southwest Asia, appendix B shows participation credit was awarded for the Southwest Asia Cease-Fire campaign from 12 April 1991 to 30 November 1995.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Block 12f is to contain the total amount of foreign service completed during the period covered by the DD Form 214.

	b.  Block 18 is used to enter mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14.  Currently the following is considered a mandatory entry in this block:  "SERVICE IN (NAME OF COUNTRY) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Southwest Asia Service Medal for service in Saudi Arabia with Company B, 2nd Battalion, 12th Infantry Regiment, from December 1992 through April 1993.  Although he served for three consecutive years with no negative entries, he was not awarded the Army Good Conduct Medal.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by recognition of his service during the Persian Gulf War, his personal decorations, and his promotion to specialist.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 11 September 1990 through 10 September 1993.

3.  The applicant served in Saudi Arabia during the Southwest Asia Cease-Fire campaign period.  He qualifies for award of the Southwest Asia Service Medal with one bronze service star for this period of service.

4.  The applicant served in Saudi Arabia from 1 December 1992 through 30 April 1993 (5 months).  The DD Form 214, block 12f, does not show this period of service and the location and duration of this service is not recorded in block 18.  It is appropriate to correct his DD Form 214 to include the proper entries for this period of service.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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.  awarding the applicant the Army Good Conduct Medal for the period 11 September 1990 through 10 September 1993 and

	b.  correcting his DD Form 214 to show:

		(1)  block 12f, the entry "0000  05  00";

		(2)  block 13, the additional awards of the Good Conduct Medal and the Southwest Asia Service Medal with one bronze service star; and 

		(3) block 18, the entry "SERVICE IN SAUDI ARABIA FROM 19921201-19930430."



      ____________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)                                         AR20090018329



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ABCMR Record of Proceedings (cont)                                         AR20090018329



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