IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100008940 


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 the following awards:

* Overseas Service Ribbon
* Army Sea Duty Ribbon
* Armed Forces Expeditionary Medal
* National Defense Service Medal
* Southwest Asia Service Medal

2.  The applicant states he was stationed in Panama from 1987 to 1999 [sic] (1989) and that he deployed to Southwest Asia during Operation Desert Shield with the 558th Transportation Company and received hazardous duty pay. 

3.  The applicant did not provide any additional documentary evidence. 

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 had prior enlisted service, the applicant's records show he enlisted in the Regular Army on 13 January 1987 and held military occupational specialty 88L (Watercraft Engineer).  He also executed a 2-year reenlistment and attained the rank/grade of specialist four/E-4. 

3.  His records also show he served in Panama from 1 June 1987 to 8 December 1989 and he was credited with completion of an overseas tour.

4.  He was honorably released from active duty on 10 September 1992 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  His DD Form 214 shows the following entries:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Army Lapel Button, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Army Good Conduct Medal, Army Achievement Medal (1st Oak Leaf Cluster), and National Defense Service Medal.

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

5.  His name is shown on the Gulf War roster as having served in Southwest Asia from 1 August to 30 September 1990.  However, an email, dated 15 September 2010, from the Defense Finance and Accounting Service, Indianapolis, IN, confirms the applicant did not receive IDP/HFP or a combat zone tax exemption for service in Southwest Asia during Operation Desert Shield/Storm. 

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

	a.  The Southwest Asia Service Medal 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 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 National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

	c.  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 been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for Southwest Asia operations includes participation in Operation Southern Watch (1 December 1995 to 18 March 2003), Maritime Intercept Operation (1 December 1995 to 18 March 2003), Vigilant Sentinel (1 December 1995 to 15 February 1997), Operation Northern Watch (1 January 1997 to 18 March 2003), Operation Desert Thunder (11 November 1998 to 22 December 1998), Operation Desert Fox (16 December 1998 to 22 December 1998), and Operation Desert Spring (31 December 1998 to 18 March 2003).

	d.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of the U.S. Army for successful completion of overseas tours.  Effective 1 August 1981, all members of the Active Army, Army National Guard (ARNG) and U.S. Army Reserve (USAR) in an active Reserve status are eligible for this award.  

	e.  The Army Sea Duty Ribbon, approved on 17 April 2006, is awarded to members of the Active Army, ARNG, and USAR for completion of designated periods of sea duty aboard Class A and Class B U.S. Army Vessels (USAV).  It is also authorized to be awarded for duty aboard other qualifying vessels when the vessels meet the requirements of applicable regulation.  For active duty Soldiers, members must complete 2 years of cumulative sea duty on a Class A or B USAV or duty aboard other qualifying vessels when such vessels meet the requirements of Army Regulation 600–88 (Sea Duty), paragraph 1–7, to be awarded the Army Sea Duty Ribbon.  Subsequent awards are authorized upon completion of additional 2 years of cumulative sea duty as outlined above.  The Chief, Marine Qualification Division, is the approval authority for award of this ribbon to eligible Service members.  The ribbon may be awarded retroactively to those personnel who were credited with service as defined above after 1 August 1952, the activation date of the first heavy boat company in the Transportation Corps.  Eligible members or their next of kin may submit requests for this ribbon to the Chief, Marine Qualification Division, Attention: Career Pay Office, Human Resources Command, Building 705, Room 231, 705 Read Street, Fort Eustis, VA 23604–5407.  Requests should include the individual’s full name, social security number or serial number, dates of service, DD Form 214, and information concerning the individual’s qualifying sea service duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Overseas Service Ribbon, Army Sea Duty Ribbon, Armed Forces Expeditionary Medal, National Defense Service Medal, and Southwest Asia Service Medal.

2.  With respect to the Overseas Service Ribbon, the evidence of record shows he served in Panama from 1 June 1987 to 8 December 1989 and was credited with completing an overseas tour.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his records to show this award.

3.  With respect to the Southwest Asia Service Medal, he contends that he received HFP/IDP for service in Southwest Asia; however, although his name is shown on the Gulf War roster, his pay records do not reflect receipt of HFP/IDP for service in Southwest Asia.  Therefore, in the absence of additional documentary evidence that conclusively shows he served in Southwest Asia, there is insufficient evidence to award him the Southwest Asia Service Medal.

4.  With respect to the Armed Forces Expeditionary Medal, there is no evidence in the available records and the applicant did not submit any evidence that shows he served in designated U.S. military operations in direct support of the United Nations, or operations of assistance for friendly foreign nations, or that he was a bona fide members of a unit participating in or engaged in the direct support of the operation 30 consecutive days, or 60 nonconsecutive days provided this support involved entering the area of operations.  Therefore, he does not meet the criteria for this award.

5.  With respect to the Army Sea Duty Ribbon, there is no evidence the applicant has submitted his request to the approval authority and/or he was denied this award.  He has not exhausted his administrative remedies with respect to this award. 

6.  With respect to the National Defense Service Ribbon, this award is already listed on his DD Form 214.  There is no evidence that shows he served during a different period of service during which this award was authorized. 





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 adding to item 13 of his DD Form 214 the Overseas Service Ribbon.

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 the Army Sea Duty Ribbon, Armed Forces Expeditionary Medal, National Defense Service Medal, and Southwest Asia Service Medal.



      _________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)                                         AR20100008940



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ABCMR Record of Proceedings (cont)                                         AR20100008940



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