IN THE CASE OF:	  

		BOARD DATE:	    16 February 2011

		DOCKET NUMBER:  AR20100017537 


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 his foreign service tour in Southwest Asia.

2.  The applicant states he served in Southwest Asia from January 1991 to June 1991 with 10th Brigade, 32nd Army Air Defense Command (AADCOM) and Headquarters and Headquarters Battery, 4th Battalion, 43rd Air Defense Artillery, 32nd AADCOM, and that he received an Army Commendation Medal for his service.

3.  The applicant provides a copy of his DD Form 214 and a DA Form 2166-7 (NCO Evaluation Report [NCOER]) for the period September 1992 through January 1993.

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 on 29 January 1985.  He completed his initial entry training and he was awarded military occupational specialty 76C (Equipment Records and Parts Specialist).  He departed en route to Germany on 25 June 1985 and he was assigned to his unit in Germany on
16 July 1985.  He continuously served in the same unit through two reenlistments.

3.  The applicant departed Germany on 30 January 1993 en route to the continental United States for discharge.  He was discharged on 1 February 1993.  The DD Form 214 he was issued at the time shows he completed 8 years and 3 days of net active service.  In addition, his DD Form 214 shows the following pertinent information:

* item 12f (Record of Service - Foreign Service) the entry 7 years, 6 months, and 15 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) is void of service or campaign medals for service in Southwest Asia
* item 18 (Remarks) does not show the location of his deployed foreign service tour(s)

4.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Database.  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.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.

5.  The DMDC Desert Shield/Storm Database shows the applicant participated in-theater during the period from 1 January 1992 to 31 January 1992.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) filed within his personnel service record is void of information showing he served in Southwest Asia.

7.  In support of his application, the applicant provided a copy of his NCOER for the period September 1992 thru January 1993.  Part III (Duty Description) a (Principal Duty Title) shows the entry "Assistant NCOIC [Noncommissioned Officer in Charge] S4.  Part IIIc (Daily Duties and Scope) of this report states the 


applicant "Served as Assistant NCOIC for the S4 section; directly responsible for … all S4 functions for the Headquarters and four subordinate commands in Southwest Asia…."

8.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 requires the preparer to enter all awards and decorations for all periods of service from the Enlisted Record Brief and verified by the Soldier's record.  In addition, it 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.

9.  Army Regulation 600-8-22 (Military Awards) states 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 with this medal for participation in each credited campaign.  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)

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal - Government of Kuwait awarded by the Government of 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.

11.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995, and 11 September 2001 and a date to be determined.

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of 


overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

13.  A Frequently Asked Questions document from the U.S. Army Human Resources Command, Military Awards Branch, contains examples to show Soldiers' eligibility for awards.  The document states:

* Question:  If a Soldier does an In-Place Consecutive Overseas Tour (IPCOT), when does the Soldier get to wear the Overseas Service Ribbon for completion of the first tour?
* Answer:  If a Soldier will serve an IPCOT, the Soldier may be awarded their first Overseas Service Ribbon upon completion of their first tour in accordance with Army Regulation 614-30 (Overseas Service).  The Soldier may be awarded the second Overseas Service Ribbon upon completion of an additional normal overseas tour in accordance with Army Regulation 614-30.

14.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states if a Soldier serving in an overseas area completes the prescribed tour, has a voluntary intertheater consecutive overseas tour (COT) or IPCOT, and completes a second prescribed tour, then credit the Soldier with two completed tours.  DROS for the first tour will be the date Soldier completed his/her first tour.  DROS for the second tour will be the date the Soldier departs on permanent change of station (PCS) for next assignment.  A normal tour length for an accompanied Soldier is 36 months (3 years).

DISCUSSION AND CONCLUSIONS:

1.  Based on the DMMC Desert Shield/Storm Database, the applicant is entitled to a correction of his DD Form 214 to show he participated in-theater in Southwest Asia during the period from 1 January 1992 to 31 January 1992.  Therefore, item 18 of his DD Form 214 should be corrected to show the entry "SOUTHWEST ASIA FROM 19920101 - 19920131."

2.  In addition, based on his service in Desert Shield/Desert Storm he is entitled the Southwest Asia Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

3.  Based on his verified service in Southwest Asia, he is entitled to award of the Kuwait Liberation Medal - Government of Kuwait and correction of his DD Form 214 to show this award.
4.  He served during a qualifying period for the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  He served in Germany from 16 July 1985 through 30 January 1993 for a period of 7 years, 6 months, and 15 days.  He remained in the same unit for the duration of his service in Germany.  It is reasonable to believe he completed two overseas tours in Germany.  Therefore, he is entitled to two Overseas Service Ribbons and correction of his DD Form 214 accordingly.

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:

* National Defense Service Medal
* Southwest Asia Service Medal with one bronze service star
* Overseas Service Ribbon (2 Awards)
* Kuwait Liberation Medal - Government of Kuwait

   b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19920101 - 19920131."



      __________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)                                         AR20100017537



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ABCMR Record of Proceedings (cont)                                         AR20100017537



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