IN THE CASE OF:	  

		BOARD DATE:	    27 October 2011

		DOCKET NUMBER:  AR20110006290 


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

* Southwest Asia Service Medal
* Army Achievement Medal
* Joint Meritorious Unit Emblem (correctly known as the Joint Meritorious Unit Award (JMUA))
* Humanitarian Service Medal
* Army Reserve Components Overseas Training Ribbon

2.  She states she was entitled to the Southwest Asia Service Medal for her deployment to Turkey/Iraq during Operation Provide Comfort and Operation Desert Shield/Desert Storm, but it was erroneously omitted from her DD Form 214 along with the other awards listed above.  

3.  She provides her DD Form 214 and a letter from the National Personnel Records Center.  

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 request for correction of her DD Form 214 to show award of the Army Achievement Medal is acknowledged.  She was issued a DD Form 215 (Correction to DD Form 214), dated 19 May 2011, which added award of the Army Achievement Medal to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214.  Therefore, this portion of her request will not be further discussed in this Record of Proceedings.  She will be provided a copy of the DD Form 215.

3.  The applicant enlisted in the Regular Army on 30 July 1990.  

4.  Her DA Form 2-1 (Personnel Qualification Record - Part II) shows she served in Germany from 4 January 1991 through 15 December 1992.  Her DA Form 2-1 also shows award of the National Defense Service Medal, Army Service Ribbon, Humanitarian Service Medal, Joint Meritorious Unit Award, Overseas Service Ribbon, Army Good Conduct Medal, and Army Reserve Components Overseas Training Ribbon.  

5.  She was released from active duty on 29 July 1994.  Her DD Form 214 shows she completed 1 year, 11 months, and 12 days of foreign service.  

6.  Item 13 of her DD Form 214 shows award of the:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon
* Army Good Conduct Medal

7.  Item 18 (Remarks) on her DD Form 214 does not reflect any service in Southwest Asia.  

8.  She enlisted in the Army National Guard on 31 July 1994.  

9.  Her service record contains a memorandum, dated 27 March 1998, which shows she was qualified for the first award of the Army Reserve Component Overseas Training Ribbon for the period 14 to 28 March 1998 in Belize 
(U.S. Army Southern Command).  

10.  She was discharged from the Army National Guard on 12 July 1998.  

11.  Her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows award of the:

* Army Service Ribbon
* Army Good Conduct Medal
* Army Lapel Button
* Army Reserve Components Overseas Training Ribbon
* National Defense Service Medal
* Overseas Service Ribbon

12.  She provided a letter, dated 18 August 2010, from the National Personnel Records Center showing she was shipped several awards including the Army Achievement Medal, Joint Meritorious Unit Emblem, Humanitarian Service Medal, and Army Reserve Components Overseas Training Ribbon.  

13.  A Memorandum for Record, dated 16 February 2011, shows she was awarded the Army Reserve Components Achievement Medal (1st Award) for the period 30 July 1995 to 12 July 1998.  

14.  The Defense Manpower Data Center (DMDC) 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 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  This database shows the applicant served during Operation Desert Shield/Desert Storm from 5 May to 31 July 1991.  

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

	a.  Kuwait Liberation Medal awarded 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.

	b.  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)

16.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  It states that item 18 is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYMMDD - YYYMMDD)" will be entered in item 18 for active duty Soldiers deployed to a foreign country with their unit.

DISCUSSION AND CONCLUSIONS:

1.  The DMDC shows the applicant deployed in support of Operation Desert Shield/Desert Storm from 5 May to 31 July 1991.  As such, she served a period of qualifying service for award of the Southwest Asia Service Medal with one bronze service star and the KLM-KU.  Therefore, her DD Form 214 should be corrected to show these awards.

2.  Her DA Form 2-1 shows award of the Joint Meritorious Unit Award and Humanitarian Service Medal.  However, the timeframe for these awards cannot be determined.  Therefore, this military document alone is insufficient evidence as a basis to correct her DD Form 214 to show these awards.  

3.  The evidence of record shows she was awarded the Army Reserve Component Overseas Training Ribbon in March 1998 and it is recorded on her NGB Form 22.  However, she was awarded this ribbon subsequent to the period covered by her DD Form 214 and she was a member of the Army National Guard at that time.  Therefore, this ribbon is not authorized to be recorded on her DD Form 214.  



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 amending item 13 of her DD Form 214 by adding the Southwest Asia Service Medal with one bronze service star, and KLM-KU.  

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 correction of her DD Form 214 to show award of the Joint Meritorious Unit Award, Humanitarian Service Medal, and Army Reserve Components Overseas Training 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)                                         AR20110006290



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ABCMR Record of Proceedings (cont)                                         AR20110006290



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