IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028520 


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, through his Member of Congress:

	a.  reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia from September 1990 to April 1991;

	b.  adding two awards of the Army Achievement Medal that were inadvertently deleted from his DD Form 214 during his original request; and

	c.  as a new issue, award of the Overseas Service Ribbon and the Meritorious Unit Commendation.

2.  The applicant states:

* his overseas service and deployment dates to Southwest Asia are incorrect
* the Board deleted his two awards of the Army Achievement Medal in error
* he should be considered for awards of the Overseas Service Ribbon and the Meritorious Unit Commendation

3.  The applicant provides:

* his DD Form 214
* 
a DD Form 215 (Correction to DD For 214)
* two certificates showing two awards of the Army Achievement Medal

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100013774, on 7 October 2010.

2.  The applicant's records show he was appointed as a second lieutenant in the Regular Army and he executed an oath of office on 28 May 1986.  He served in various staff or leadership positions and he was promoted to captain on 1 December 1990.

3.  On 26 March 1991, he submitted a request for unqualified resignation.  In his request, he indicated that he was assigned to "Headquarters and Headquarters Battery, Division Artillery, 101st Airborne Division (Air Assault), APO NY 09309."  This APO address was associated with Saudi Arabia.  His request was ultimately approved.

4.  He was honorably discharged from active duty on 31 August 1991.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Service Ribbon
* Army Achievement Medal (2nd Award)
* Army Commendation Medal
* Air Assault Badge
* Parachutist Badge
* National Defense Service Medal
* Army Lapel Button

5.  On 27 October 2010, he was issued a DD Form 215 that added a second award of the Army Commendation Medal, as well as the Bronze Star Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and the Southwest Asia Service Medal with two bronze service stars but deleted the Army Achievement Medal (2nd Award).

6.  This DD Form 215 also added 1 month and 20 days of foreign service in Southwest Asia from 1 January 1991 through 4 February 1991:

	a.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base which contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  This database shows he served in Southwest Asia from 22 February through 11 April 1991, a period of 1 month and 20 days.

	b.  A query of his pay records maintained by the Defense Finance and Accounting Service (DFAS) revealed he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) entitlements associated with deployment to Southwest Asia during the period 1 February 1991 through 30 April 1991. 

7.  His official military personnel file (OMPF) contains the following documents:

	a.  A DA Form 638 (Recommendation for Award of the Legion of Merit and Below), dated 21 December 1990, that shows he was assigned to Headquarters and Headquarters Battery, Division Artillery, 101st Airborne Division.  Permanent Orders Number 009-002, dated 28 May 1991, awarded him the Army Commendation Medal for meritorious achievement during the period 15 September 1990 to 30 December 1990.  Achievement Number 5 states "Outstanding service as rear Command Post Fire Support Officer during the period 15 September 1990 to 30 December 1990."

	b.  Permanent Order Number 148-113, issued by the 101st Airborne Division, dated 4 January 1991, that awarded him the Bronze Star Medal for meritorious achievement during the period 17 January 1991 through 28 February 1991.

	c.  A second DA Form 638, dated 2 July 1991, that shows Permanent Orders Number 058-001, issued by 101st Airborne Division, Fort Campbell, KY, dated 10 July 1991, that awarded him a second award of the Army Commendation Medal for service as an "Article 32 Investigating Officer" with the Office of the Deputy Staff Judge Advocate, 101st Airborne Division from 21 May to
8 September 1990 and 8 April to 30 July 1991.

	d.  A DA Form 67-8 (Officer Evaluation Report) for the period 21 May 1990 through 14 April 1991 that shows he was forward deployed in Saudi Arabia during Operation Desert Shield/Storm during the rated period.

8.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon is awarded for the award for successful completion of overseas tours. 

9.  Army Regulation 614-30 (Overseas Service) prescribes the policies related to overseas permanent change of station moves.  This regulation also governs overseas tour lengths and credit for tour completion.  Table B-1 of the regulation lists overseas tour length and specifically tour length for restricted, without dependent tours are generally 12 months accompanied, with dependent tours are generally 24 or 36 months.

10.  Department of the Army General Orders Number 14, dated 11 April 1997, awarded Headquarters and Headquarters Battery, Division Artillery,
101st Airborne Division, the Meritorious Unit Commendation for service from
28 August 1990 to 8 April 1991.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's foreign service in Southwest Asia, his exact dates of service are unknown.  His official record contains conflicting information regarding the period of his foreign service.

	a.  On one hand, 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.  These dates are consistent with his pay records which show he received HF/IDP and CZTE entitlements associated with deployment to Southwest Asia during the period 1 February through 30 April 1991 (at the time HF/IDP was paid for the whole month regardless of date of arrival or departure from theater).

	b.  On the other hand, he received an Army Commendation Medal for achievement from 15 September to 30 December 1990 as a target analysis and rear command post fire support officer in support of Operations Desert Shield/Storm; and a second Army Commendation Medal from the Office of the Deputy Staff Judge Advocate, 101st Airborne Division from 21 May to 8 September 1990 and 8 April to 30 July 1991 (excluding the period 9 September 1990 through 7 April 1991). 

	c.  It is more likely the applicant did in fact serve in Southwest Asia from on or around 15 September 1990 (beginning date of his 1st Army Commendation Medal) and 11 April 1991 (date his HF/IDP and CZTE was terminated), a period of 6 months and 28 days.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service/deployment.  

2.  Furthermore, during his service in Southwest Asia, general orders awarded his unit of assignment the Meritorious Unit Commendation for service from 28 August 1990 through 8 April 1991 which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  With respect to the Overseas Service Ribbon, there is no evidence in his record and he did not provide any evidence that confirm he was credited with a completed overseas tour.  His service in Southwest Asia would not have qualified him for award of the Overseas Service Ribbon.

4.  The applicant was previously awarded two awards of the Army Achievement Medal.  Both awards were inadvertently deleted from his DD Form 214 when the DD Form 215 was prepared.  Therefore, he is entitled to correction of his         DD Form 214 to add both awards.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR's decision in Docket Number AR20100013774, on 7 October 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding the DD Form 215 issued on 27 October 2010;

	b.  deleting from item 12f (Overseas Service) of his DD Form 214 the entry "00  00  00" and replacing it with the entry "00  06  28";

	c.  deleting from item 13 of his DD Form 214 the Army Commendation Medal;

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

* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
* Meritorious Unit Commendation
* Army Achievement Medal (2nd Award)
	e.  adding to item 18 of his DD Form 214 the entry "Service in Southwest Asia from 19900915 - 19910411."

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 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)                                         AR20100028520



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ABCMR Record of Proceedings (cont)                                         AR20100028520



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