IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100013774 


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 award of the Bronze Star Medal and any awards or decorations to which he is entitled as a result of his service during the Gulf War.

2.  He states, in effect, although he deployed overseas and participated in the Gulf War, the awards that he earned for his service are not shown on his DD Form 214.

3.  He provides copies of his DD Form 214 and orders showing he was awarded the Bronze Star Medal.

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.  On 28 May 1986, he was appointed as a second lieutenant in the Regular Army in conjunction with his graduation from the U.S. Military Academy, West Point, NY.  He served in various positions of increasing responsibility and was ultimately promoted to the rank/pay grade of captain/O-3.  On 31 August 1991, he was honorably discharged as the result of his voluntary submission of an unqualified resignation so he could return to school and pursue a law degree.

3.  His DD Form 214 contains the following pertinent information:

* Block 12f (Foreign Service) indicates he did not serve overseas for any period of time. 

* Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) shows the:

* Army Service Ribbon
* Army Achievement Medal (2) [properly known as the Army Achievement Medal with 1st Oak Leaf Cluster (1OLC)]
* Army Commendation Medal
* National Defense Service Medal
* Air Assault Badge
* Parachutist Badge
* Army Lapel Button

* Block 18 (Remarks) does not show he served overseas for any period of time.

4.  His record contains:

	a.  a DA Form 638 (Recommendation for Award of the Legion of Merit and Below) which shows Permanent Orders Number 009-002 issued by 101st Airborne Division Artillery Brigade, APO NY 09309 on 28 May 1991 awarded him the Army Commendation Medal for meritorious achievement.

	b.  Permanent Order Number 148-113 issued by 101st Airborne Division (Air Assault) and Fort Campbell, KY on 4 January 1991 awarded him the Bronze Star Medal for meritorious achievement during the period 17 January 1991 through 28 February 1991.




	c.  a DA Form 67-8 (Officer Evaluation Report) rendered for the period from 21 May 1990 through 14 April 1991 which shows he was forward deployed in Saudi Arabia during Operation Desert Shield and Operation Desert Storm during the rated period.

	d.  a DA Form 638 which shows Permanent Orders Number 058-001 issued by 101st Airborne Division Artillery Brigade, Fort Campbell, KY, on 10 July 1991 awarded him the Army Commendation Medal with 1 OLC as his end of service award upon separation.

5.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.

6.  The Desert Shield/Storm Data Base shows he served in Southwest Asia from 22 February through 11 April 1991, a period of 1 month and 20 days.

7.  A query of the applicant's Master Military Pay Account (MMPA) maintained by the Department of Defense Finance and Accounting Service (DFAS) revealed that he received pay and tax exclusion entitlements associated with deployment to Southwest Asia during the period 1 February 1991 through 30 April 1991. 

8.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (Kuwait Liberation Medal-Saudi Arabia) 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.  This 
regulation also provides the Kuwait Liberation Medal awarded by the Government of Kuwait (Kuwait Liberation Medal-Kuwait) 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.

9.  Army Regulation 600-8-22, in pertinent part, provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal 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 to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

10.  Army Regulation 600-8-22, in pertinent part, provides that an OLC is authorized for wear for the second and each additional award of several awards, among which are the Army Achievement Medal and the Army Commendation Medal.

11.  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.  In pertinent part, it states that:

	a.  for Block 12f, enter the total amount of foreign service completed during the period covered in block 12c (Net Active Service This Period); and

	b.  for Block 13, enter all decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service; and

	c.  for Block 18, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for overseas deployments completed during the period covered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Bronze Star Medal and any awards or decorations to which he is entitled as a result of his service during the Gulf War was carefully considered and determined to have merit.

2.  The Desert Shield/Storm Data Base shows he served in Southwest Asia from 22 February through 11 April 1991, a total of 1 month and 20 days.  Additionally, the MMPA database maintained by DFAS shows he received pay and tax exclusion entitlements associated with deployment to Southwest Asia during the period 1 February through 30 April 1991. 

3.  Based on the foregoing, it would be appropriate to amend his DD Form 214 to show this period of overseas service.

4.  Permanent orders show he was awarded the Army Commendation Medal for two distinctly separate periods; therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal with 1OLC.



5.  Permanent orders show he was awarded the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal.

6.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to have his DD Form 214 corrected to show these medals.

7.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of the Southwest Asia Service Medal.  Evidence also shows he participated in two campaigns while serving in Southwest Asia.  Therefore, he is entitled to correction of his DD Form 214 to show the Southwest Asia Service Medal with two bronze service stars.

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 the applicant's DD Form 214 be corrected by:

	a.  deleting the current entry in Block 12f and adding the entry “0000  01  20”;

	b.  deleting the entry "ARMY ACHIEVEMENT MEDAL (2)//ARMY COMMENDATION MEDAL" from Block 13;

	c.  adding the following entry to Block 13:  "BRONZE STAR MEDAL//ARMY COMMENDATION MEDAL WITH 1OLC//KUWAIT LIBERATION MEDAL-SAUDI ARABIA//KUWAIT LIBERATION MEDAL-KUWAIT//SOUTHWEST ASIA SERVICE MEDAL WITH TWO BRONZE SERVICE STARS";



	d.  adding the following entry in Block 18 of his DD Form 214:  "SERVICE IN SOUTHWEST ASIA FROM 19910101-19910204"; and

   e.  providing him a document to show the above 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)                                         AR20100013774



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ABCMR Record of Proceedings (cont)                                         AR20100013774



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