IN THE CASE OF:	  

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110010910 


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 that his records be corrected by showing award of the Southwest Asia Service Medal, Joint Meritorious Unit Award, and two Armed Forces Expeditionary Medals.

2.  He states that:

   a.  he was deployed to Kuwait in support of Operation Vigilant Warrior from October to December 1994, which shows he is eligible for award of the Southwest Asia Service Medal;

   b.  he may qualify for award of the Joint Meritorious Unit Award;

   c.  he was deployed to Bosnia-Herzegovina from 27 December 1995 to 3 November 1996 in support of Operation Joint Endeavor and from 25 September 1997 to 4 March 1998 in support of Operation Joint Guard;

   d.  his unit was awarded the Army Superior Unit Award during Operation Joint Endeavor, as part of Task Force Eagle, which is annotated on his DD Form 214 (Certificate of Release or Discharge from Active Duty), and

   e.  the Armed Forces Expeditionary Medals are not annotated on his DD Form 214.
	


3.  He provides:

* DD Form 214
* Army Superior Unit certificate 
* Certificate of Achievement
* Certificate of Participation
* Scroll of Appreciation

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 that he enlisted in the Regular Army on 15 January 1991.

3.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 December 1994.  

4.  The DMDC Desert Shield/Storm Data Base shows he participated in-theater during the period 1 October to 31 December 1994.

5.  He submitted a:

   a.  Certificate of Achievement which shows he was assigned to the 3rd Battalion, 69th Armored Regiment, during its deployment to Kuwait from October to December 1994 in support of Operation Vigilant Warrior.   

   b.  Certificate for outstanding meritorious performance which shows the Army Superior Unit Award was awarded to Task Force Eagle's 1st Armored Division 

and its participating units for meritorious service from 10 April 1994 to 7 November 1996 in the Balkan region.

   c.  Certificate of Appreciation, issued by the 3rd Squadron, 2nd Armored Cavalry Regiment, dated 24 February 1998, for meritorious service in support of Operation Joint Guard, Bosnia-Herzegovina.

   d.  Certificate of Participation, issued by the 1st Battalion, 36th Armored Infantry Regiment, dated 27 February 1998, which shows he was deployed in support of Operation Joint Guard, Bosnia-Herzegovina from 25 September 1997 to 4 March 1998. 

   e.  Scroll of Appreciation, issued by Headquarters, United States Army, Europe and Seventh Army for service and support during the deployment and sustainment of Operation Joint Endeavor.

6.  On 11 July 1998, he was honorably released from active duty at the expiration of his term of service.  He had completed 7 years, 5 months, and 27 days of creditable active service.  His DD Form 214 shows in:

   a.  item 12f (Foreign Service) he had 4 years, 2 months, and 17 days of foreign service during his period of service;

   b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) he received the following awards:  Army Achievement Medal (3rd Award), Army Good Conduct Medal (2nd award), National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Army Unit Superior Award, Driver and Mechanic Badge with Driver-T Bar, German Armed Forces Marksmanship Badge (Silver) NATO Medal, and Armed Forces Service Medal (AFSM); and 

   c.  Item 18 (Remarks) his foreign service in Bosnia from 27 December 1995 to 3 November 1996 and from 25 September 1997 to 4 March 1998.

7.  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.  


8.  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 provides for award of the AFEM for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifying service for this award included participation in the Former Republic of Yugoslavia, Operations Joint Endeavor and Joint Guard, from 1 June 1992 to 20 June 1998 (only for participants deployed to Bosnia-Herzegovina and Croatia).

10.  U.S. Army Personnel Command Message Number 99-100, dated 121605Z March 1999, authorized award of both the AFSM and the AFEM as a one-time exception to DOD and Service policy for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina and/or aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

11.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

12.  Department of Defense Instruction (DODI) 1348.33 (Military Awards Program) provides, in pertinent part, that the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service, superior to those which are normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.  


13.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  His record contains a certificate which shows Permanent Orders Number  86-7, issued on 27 March 1995, awarded him the Army Commendation Medal for the period 1 June 1992 through 1 March 1995. 

15.  A query of the unit award database maintained by U.S. Army Human Resources Command shows the 3rd Battalion, 69th Armored Regiment was approved for award of the Army Unit Superior Award for the period 8 October through 5 December 1994 by Department of the Army General Orders Number 14, dated 11 April 1997.

16.  Army Regulation 635-5 (Separation Documents) provides guidance for the completion of separation documents.  This includes item-by-item instructions for the preparation of the DD Form 214.  It provides that item 18 will contain the following entry for active duty Soldiers:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows the applicant deployed to Southwest Asia in support of Operation Desert Shield/Desert Storm from 1 October 1994 to 31 December 1994.  As a result, he served in Southwest Asia during a qualifying period for award of the Southwest Asia Service Medal.  During this period, he participated in the Southwest Asia Cease-Fire campaign.  Therefore, he is entitled to correction of his military records to show award of the Southwest Asia Service Medal with one bronze service star.

2.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater 1 October to 31 December 1994 a period of 3 months.  Therefore, item 18 of his DD Form 214 should be corrected to show his service in Kuwait adding the entry "Service in Kuwait from 19941001 – 19941231."

3.  General orders show the 3rd Battalion, 69th Armored Regiment was awarded the Army Superior Unit Award in support of Operation Vigilant Warrior in Kuwait while the applicant was assigned to this unit.  Evidence of record also shows Task Force Eagle’s 1st Armored Division was awarded he the Army Superior Unit Award for service in the Balkan region.  Therefore, he is entitled to correction of his records to award of the Army Superior Unit Award (2nd Award)..


4.  The evidence of record shows the applicant served in the Former Republic of Yugoslavia (Bosnia-Herzegovina) while assigned to the 3rd Battalion, 36th Infantry Regiment, 1st Armored Division in support of Operation Joint Endeavor and Joint Guard.  However, although he participated in both Operation Joint Endeavor and Joint Guard, the applicable regulation clearly states he is only allowed one award of the Armed Forces Expeditionary Medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.  Therefore, his record should be corrected to show award of one Armed Forces Expeditionary Medal.

5.  Evidence of record shows he was awarded the Army Commendation Medal.  Therefore, he is entitled to have his record corrected to show this award.

6.  There is no evidence in his records, such as official orders, and he did not provide any evidence, showing he was assigned or attached to a joint unit during the period for which it was awarded the Joint Meritorious Unit Award.  As a result, there is insufficient evidence to show he is entitled to have the Joint Meritorious Unit Award added to his 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 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 be corrected by 

   a.  deleting the Army Superior Unit Award from item 13 of his DD Form 214;
   
   b.  adding the Armed Forces Expeditionary Medal, Army Commendation Medal, and Army Superior Unit Award (2nd Award) to item 13 of his DD Form 214; and 
   
   c.  adding Service in Kuwait From 19941001 – 19941231 to item 18 of his  DD Form 214.
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 correcting Item 13 of his 
DD Form 214 to show award of two Armed Forces Expeditionary Medals and the Joint Meritorious Unit Award.  



      ____________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)                                         AR20110010910



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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