BOARD DATE:	    16 August 2011

		DOCKET NUMBER:  AR20110002714


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), for the period ending 31 January 1993, to show the Meritorious Service Medal (MSM) and the Army Achievement Medal (AAM) (3rd Award).

2.  As a secondary issue, the applicant requests, in effect, correction of his      DD Form 214 to show the Southwest Asia Service Medal, which he states was cut off of the edge of his DD Form 214.

3.  The applicant states, in effect, that his MSM was removed from his records by his former sergeant major, because he had a dislike for the applicant and because he wanted to block the applicant's retirement award.  The applicant states he has orders for each of the requested awards – some of which, he states, were omitted through clerical error.  He concludes by stating his "Southwest Asia Medal" is cut off of the edge of his DD Form 214, but it is listed on his DA Form 2-1 (Personnel Qualification Record – Part II).  

4.  The applicant provides:

* DD Form 214
* extract of his DA Form 2-1 
* Permanent Orders 10-1, U.S. Army Intelligence and Security Command, Arlington, VA, dated 30 January 1989
* MSM certificate, dated 30 January 1989
* Permanent Orders 15-2, U.S. Army Intelligence and Security Command, Arlington, VA, dated 15 February 1989
* AAM certificate, dated 15 February 1989
* Permanent Orders 64-7, Headquarters, U.S. Army Military District of Washington, dated 16 May 1985
* AAM certificate, dated 16 May 1985
* Permanent Orders 16-3, Headquarters, U.S. Army Military District of Washington, dated 13 February 1985
* AAM certificate, dated 7 February 1985

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 record shows he enlisted in the Regular Army on 9 January 1970.  He completed training and was awarded military occupational specialties (MOS) 84B (Still Photography Specialist) and 84C (Motion Picture Specialist).  MOS 84B, which he held throughout the majority of his career, eventually converted to MOS 25Z (Visual Information Operations Chief).

3.  Item 5 (Overseas Service) of his DA Form 2-1 shows he served overseas in Germany on two separate occasions: from 5 February 1976 through 2 February 1979 and from 21 March 1986 through 20 March 1989.  

4.  Item 27 (Remarks) of his DA Form 2-1 shows "Duty in Imminent Danger Pay Area (Saudi Arabia) 12 Sep 90 through 26 Sep 90."

5.  Permanent Orders 16-3, Headquarters, U.S. Army Military District of Washington, dated 13 February 1985, awarded him the AAM (1st Award) for meritorious achievement during the period 21 October 1983 through                  20 November 1983.

6.  Permanent Orders 64-7, Headquarters, U.S. Army Military District of Washington, dated 16 May 1985, awarded him the AAM (2nd Award) for meritorious achievement during the period 31 May 1984 through 12 June 1984.

7.  Permanent Orders 15-2, U.S. Army Intelligence and Security Command, Arlington, VA, dated 15 February 1989, awarded him the AAM (3rd Award) for meritorious achievement during an unspecified period.  

8.  Permanent Orders 10-1, U.S. Army Intelligence and Security Command, Arlington, VA, dated 30 January 1989, awarded him the MSM for meritorious service during the period 21 March 1986 through 20 March 1989.

9.  On 31 January 1993, he was honorably retired.  

   a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and 18 (Remarks) of his DD Form 214 shows he was awarded the:

* Army Commendation Medal (2nd Award)
* AAM (2nd Award)
* Army Good Conduct Medal (7th Award)
* Army of Occupation Medal (with Germany clasp)
* National Defense Service Medal with bronze service star
* Southwest Asia Service Medal (continued in item 18)
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon

   b. Item 18 does not show he participated in any named operations or deployments.

10.  His records indicate he is entitled to awards which are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal, issued by the Government of Kuwait (KLM-KU), 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Southwest Asia Service Medal is awarded to members of the Armed Forces of the U.S. 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 on the Southwest Asia Service Medal 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).

13.  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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the MSM and 3 awards of the AAM, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His record shows he served in Southwest Asia from 12 September 1990 through 26 September 1990.  This foreign service was within the regulatory timeframe for award of the KLM-KU, which is not shown on his 
DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He participated in one campaign during his service in Southwest Asia; therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on his previously-awarded Southwest Asia Service Medal.

4.  It would also be appropriate to amend item 18 of his DD Form 214 by adding "SERVICE IN SOUTHWEST ASIA FROM 12 SEPTEMBER 1990 THROUGH      26 SEPTEMBER 1990."









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. deleting from item 13 of his DD Form 214, for the period ending              31 January 1993,  the entry "Southwest Asia Medal";
   
   b. amending item 13 of his DD Form 214, for the period ending 31 January 1993, to add the MSM, AAM (3rd Award), KLM-KU, and the Southwest Asia Service Medal with 1 bronze service star; and

   c. amending item 18 of his DD Form 214, for the period ending 31 January 1993, to add "SERVICE IN SOUTHWEST ASIA FROM 12 SEPTEMBER 1990 THROUGH 26 SEPTEMBER 1990."



      __________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)                                         AR20100010470



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ABCMR Record of Proceedings (cont)                                         AR20110002714



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