IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100026122 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* the Southwest Asia Service Medal (SWASM) with bronze service star
* the Army Good Conduct Medal (AGCM)
* the Overseas Service Ribbon (OSR)
* 60 days foreign service

2.  The applicant states his DD Form 214 does not document his SWASM with bronze service star or his 60 days foreign service completed in Kuwait from 22 August to 20 October 1995.

3.  The applicant provides:

* DA Form 638 (Recommendation for Award of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)) for the AAM and accompanying certificate
* a Kuwait Army Tanks and Appreciation certificate
* a congressional cover letter to the Army Review Boards Agency
* a memorandum, subject:  Eligibility for SWASM, with a by-name listing including his name
* two photocopied photographs
* 
a congressional Privacy Act Form that includes his request for the AGCM, AAM, and the OSR
* a Red Dragon Certificate of Achievement

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's military record documents his honorable service in the Regular Army (RA) from 17 November 1993 through 16 November 1996.

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not reflect the SWASM, AGCM, AAM, or OSR.  Item 12f (Foreign Service) contains the entry "0000  00  00."

4.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

5.  He submits a U.S. Army Central Command-Kuwait memorandum, subject:  Eligibility for SWASM, dated 20 September 1995.  It identifies Soldiers assigned to the applicant's unit who are eligible for the SWASM with one bronze service star, including him.

6.  He submits a DA Form 638 and accompanying award certificate showing his award of the AAM by Permanent Order Number 276-89, issued by Headquarters, 1st Battalion, 5th Cavalry, 1st Cavalry Division, Fort Hood, TX, dated 11 October 1995.

7.  The Gulf War Deployment Roster documents his service in the Gulf War area of operations from 1 September to 31 October 1995, which equates to 60 days (or 2 months) of foreign service.

8.  Army Regulation 600-8-22 (Military Awards) states the SWASM 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)

9.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 600-8-22 states 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 of the Overseas Service Ribbon for successful completion of a normal overseas tours.

11.  A Frequently Asked Questions document from the U. S. Army Human Resources Command, Military Awards Branch, dated 22 January 2006, contains examples to show Soldiers' eligibility for awards while deployed in support of military operations.  The document states, in effect, "Question:  How long do I have to serve in a deployed area to be awarded the Overseas Service Ribbon?  Answer:  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Provided is a clarification statement the proponent to Army Regulation 614-30 has provided our office:  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in a temporary change of station (TCS)/tour of duty status get credit for a complete short tour.  Tour lengths have not been established by Department of Defense for TCS moves; therefore, the Army gives equivalent credit for periods of change of station/tour of duty."

12.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

* Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18 (Remarks), for an active duty Soldier deployed to a foreign country 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 Gulf War Deployment Roster confirms the applicant completed 2 months of service in Southwest Asia.  Based on this service and his campaign participation his DD Form 214 should be corrected to show this foreign service and the SWASM with one bronze service star.

2.  The applicant's award of the AAM was announced in official orders as evidenced by the DA Form 638 and AAM award certificate he provides.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant completed 3 years of honorable service including 2 months of foreign service in the Gulf War.  His record contains no evidence of any infractions or a commander's disqualification that would have disqualified him from receiving the first award of the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 17 November 1993 through 16 November 1996 and his DD Form 214 should be corrected to show this award.

4.  The evidence confirms the applicant was only deployed to SWA for 60 days and does not meet the minimum eligibility for the OSR.  Therefore, there is no basis for granting this portion of his request.

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.  deleting from item 12f of his DD Form 214 the entry "0000  00  00" and replacing it with the entry "0000  02  00";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 November 1993 through 16 November 1996;

	c.  adding to item 13 of his DD Form 214 the:

* Army Achievement Medal
* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with bronze service star

	d.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19950901-19951031."

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 Overseas Service Ribbon.



      ____________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)                                         AR20100026122



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ABCMR Record of Proceedings (cont)                                         AR20100026122



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