BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020963 


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, in effect, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 September 1994 to show award of the Southwest Asia Service Medal (SWASM) and Air Medal; correction of item 14 (Military Education) to show the courses he completed which are reflected on a previously-issued DD Form 214; and correction of item 18 (Remarks) to show his deployment in Southwest Asia.

2.  The applicant states:

* He was awarded the SWASM and Air Medal when the rest of his unit was awarded the campaign ribbons
* He was deployed to Southwest Asia
* He received two letters to reflect his potential exposure to the Khamisiyah, Iraq weapons' demolition
* Item 14 on his DD Form 214 for the period ending 1 September 1994 reflects "None" while his previously-issued DD Form 214 for the period ending 18 May 1990 correctly reflects the courses he attended 

3.  The applicant provides:

* Two notification letters pertaining to Gulf War veterans linked to the Khamisiyah, Iraq demolition
* Active duty orders
* DD Forms 214 for the periods ending 18 May 1990 and 1 September 1994 

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.  Having prior active service in the Regular Army, the applicant was appointed a warrant officer one on 21 May 1986 and he entered active duty on 21 May 1986.  He served as a pilot and was released from active duty in the rank of chief warrant two (CW2) on 18 May 1990.

3.  Item 14 on the applicant's DD Form 214 for the period ending 18 May 1990 shows he completed the:

* Aircraft Maintenance Operation Test Pilot Course in 1989
* CH-47 Aviators Qualification Warrant Officer Course in 1986
* Warrant Officer Technical Certification Course Rotary Wing Aviator Course in 1986
* Army Maintenance Management Course in 1987

4.  The applicant entered active duty on 13 January 1991.  He served as a pilot and was released from active duty in the rank of CW2 on 1 September 1994. 

5.  Item 13 on the applicant's DD Form 214 for the period ending 1 September 1994 shows the National Defense Service Medal, Army Achievement Medal, Good Conduct Medal, Army Service Ribbon, Army Aviator Badge, and Army Lapel Button as authorized awards.  Item 14 on this DD Form 214 shows the entry "NONE//NOTHING FOLLOWS."  Item 18 (Remarks) on this DD Form 214 does not show any deployments.


6.  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 and one record for each Reserve and National Guard member or retiree who was activated or Federalized in response to Operations Desert Shield/Desert Storm.  For Reserve and National Guard members, the file includes those persons activated or Federalized from 2 August 1990 through 31 December 1991.  A Phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

7.  The Operations Desert Shield/Storm Data Base compiled by the DMDC shows the applicant served in Southwest Asia from 16 January 1991 to 15 May 1991.

8.  There are no orders for the Air Medal in the available records.

9.  The applicant's Officer Record Brief, dated August 1993, does not show entitlement to the Air Medal in Section VIII (Awards and Decorations).

10.  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 (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 Campaign (12 April 1991 to 30 October 1995).

11.  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.

12.  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.

13.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  Department of the Army message, date/time group 051044Z April 1991, provided implementation guidance for award of the Air Medal for service in the Southwest Asia Theater of Operations.  The message stated:  “The Air Medal for meritorious service in the Southwest Asia Theater of Operations is authorized for sustained distinction in the performance of duties involving regular and frequent aerial flight for a period of at least six months.  For the purpose of this award, approving authorities may consider time flown in Southwest Asia commencing 
2 August 1990.”

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  The regulation also 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.  Based on the applicant's service in Southwest Asia, he is authorized the SWASM with three bronze service stars, KLM-SA, and KLM-KU.  Therefore, his DD Form 214 for the period ending 1 September 1994 should be corrected to show these medals.

2.  There are no orders for the Air Medal in the available records.  In addition, since he served in Southwest Asia for less than 6 months, he did not meet the eligibility criteria for award of the Air Medal for service.  Therefore, there is insufficient evidence to support adding the Air Medal to the applicant's DD Form 214 for the period ending 1 September 1994. 

3.  The entry from the DMDC is accepted as sufficient evidence on which to amend item 18 on the applicant’s DD Form 214 to show his dates of service in Southwest Asia.  Therefore, item 18 on his DD Form 214 should be corrected to show he served in Southwest Asia from 16 January 1991 to 15 May 1991.    

4.  Since the governing regulation states item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered, there is no basis for granting the applicant's request to show courses he completed prior to his entry on active duty on 13 January 1991.


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.  adding the SWASM with three bronze service stars, KLM-SA, and KLM-KU to item 13 on his DD Form 214 for the period ending 1 September 1994; and

	b.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 910116-910515" to item 18 of this DD Form 214.
    
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 Air Medal or amendment of item 14 on his DD Form 214 for the period ending 1 September 1994.  



      _______ _   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)                                         AR20090020963



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ABCMR Record of Proceedings (cont)                                         AR20090020963



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