IN THE CASE OF:	  

		BOARD DATE:	    10 November 2010

		DOCKET NUMBER:  AR20100013426 


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 he served in Southwest Asia from
1 December 1996 to 5 May 1997.

2.  The applicant states he served as a medic at Dhahran, Saudi Arabia.  He adds that the Department of Veterans Affairs (DVA) does not recognize his service because his separation document does not show his service in Southwest Asia.

3.  The applicant provides copies of his DD Form 214, DA Form 638 (Recommendation for Award), two award certificates, and a 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 (RA) on 1 December 1992 for a period of 4 years.  Upon completion of training he was awarded military occupational specialty (MOS) 75C (Personnel Management Specialist).  He reenlisted in the RA on 15 May 1996 for a period of 3 years, he completed training, and he was awarded primary MOS 91B (Medical Specialist).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service) he served in Korea from 12 May 1993 through 11 May 1994 and from 11 April 1998 through 14 May 1999;

   b.  item 9 (Awards, Decorations and Campaigns) the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, Expert Marksmanship Qualification Badge with Grenade Bar, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Army Commendation Medal, Army Good Conduct Medal (2nd Award), Army Achievement Medal
(2nd Award), and the Armed Forces Expeditionary Medal; and

   c.  item 35 (Record of Assignments) that he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 43rd Air Defense Artillery (ADA), Fort Bliss, TX from 28 October 1996 through 15 April 1998.

4.  Review of the Gulf War Deployment Roster shows the applicant's period of deployment to Southwest Asia was from 1 December 1995 (sic - should be 1996) to 31 May 1997.

5.  The applicant's DD Form 214 shows he entered active duty this period on
1 December 1992, he was honorably released from active duty on 14 May 1999, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 6 years, 5 months, and 14 days of net active service this period.

   a.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Commendation Medal, Army Achievement Medal (1st Oak Leaf Cluster), Army Good Conduct Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Armed Forces Expeditionary Medal.
   b.  Item 18 (Remarks) does not show he deployed with his unit to Southwest Asia (Saudi Arabia).

6.  The applicant provides the following documents.

   a.  A DA Form 638 and Army Achievement Medal certificate that show he was awarded the Army Achievement Medal for meritorious achievement while deployed to Southwest Asia with Headquarters and Headquarters Battery, Task Force 2-43 ADA from 1 December 1996 to 30 April 1997 per Headquarters, 2nd Battalion, 43rd ADA, Fort Bliss, Permanent Orders Number 7-135, dated
13 February 1997.

   b.  Headquarters, Army Central - Saudi Arabia, Dhahran, Saudi Arabia, certificate, dated 10 February 1997, that awarded the applicant the Armed Forces Expeditionary Medal for service in Southwest Asia from 5 December 1996 to 5 May 1997.

   c.  Operation Desert Watch, Certificate of Achievement, that was presented to the applicant for meritorious achievement while deployed to Southwest Asia as a member of Headquarters Battery, Task Force 2-43 ADA from December 1996 to April 1997.

7.  A review of the applicant's military personnel records shows he may be authorized an additional award that is not shown on his DD Form 214. 

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.
   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

   	(1)  Item 13 states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

   	(2)  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries too long for their blocks.  It also states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he served in Southwest Asia from 1 December 1996 to 5 May 1997 was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant deployed with his unit to Southwest Asia during the period December 1996 to May 1997.  A careful review of the evidence of record shows the actual period of his deployment to Southwest Asia (Saudi Arabia) for which he qualified for award of the Armed Forces Expeditionary Medal was from 5 December 1996 through 5 May 1997.  As such, based on the available evidence, it is concluded that the applicant served in Southwest Asia from 5 December 1996 to 5 May 1997.  Therefore, it would be appropriate to correct item 18 of his DD Form 214 to show his service in Southwest Asia.

3.  Records show the applicant qualified for award of the Korea Defense Service Medal based on his service in the Republic of Korea.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

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.  adding to item 13 of his DD Form 214 the Korea Defense Service Medal and

   b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA (SAUDI ARABIA) FROM 19961205 - 19970505."



      __________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)                                         AR20100013426



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013426



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1