BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090020729 


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 the Southwest Asia (SWA) Service Medal (SWASM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his DD Form 214 does not show the SWASM.

3.  The applicant provides no additional documentary evidence in support of this 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.  The applicant's record shows he enlisted in the Regular Army on 29 June 1989.  He was trained in and awarded military occupational specialty 63T (Bradley Fighting Vehicle System Mechanic).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was promoted to specialist four (SPC)/E-4 on 1 June 1991 and this is the highest rank he attained while serving on active duty.  It also shows he served in Saudi Arabia from 25 December 1990 to 4 May 1991.

4.  On 29 November 1991, the applicant was honorably released from active duty in the rank of SPC after completing 2 years, 5 months, and 1 day of creditable active military service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he earned the following awards:

* Army Commendation Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge (M-16 Rifle)
* Driver and Mechanic Badge with "W" Component Bar

5.  Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "SERVICE IN SWA 25 December 1990 to 5 May 1991."

6.  The applicant's official military personnel file is void of any derogatory information or unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards) states the 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 with this medal for participation in each credited campaign.  The approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

8.  Army Regulation 600-8-22, paragraph 9-14 provides 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.

9.  Army Regulation 600-8-22, paragraph 9-15 provides the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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 600-8-22, paragraph 4 provides the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the SWASM should be added to his DD Form 214 has been carefully reviewed and found to have merit.  He served a period of qualified service for award of the SWASM as evidenced by his DA Form 2-1 and item 18 of his DD Form 214.  Additionally, he participated in three campaigns during his tour of duty in SWA.  Therefore, he is entitled to the SWASM with three bronze service stars and to have this award added to his DD Form 214.

2.  Based on the applicant's service in SWA from 25 December 1990 to 5 May 1991, he is also entitled to the KLM-SA and KLM-KU and to have these awards added to his DD Form 214.

3.  The applicant's record further shows he was honorably separated in the rank of SPC and it is void of any derogatory information or unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 29 June 1989 through 29 November 1991 and to add this award to his DD Form 214.

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.  awarding him the AGCM for the period 29 June 1989 through 
29 November 1991;

	b.  amending item 13 of his DD Form 214 by adding the SWASM with three bronze service stars, the KLM-SA, KLM-KU, and the AGCM; and

	c.  providing him a correction to his DD Form 214 that includes these changes.




      _______ _   _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)                                         AR20090020729



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ABCMR Record of Proceedings (cont)                                         AR20090020729



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