IN THE CASE OF:	  

		BOARD DATE:	  20 Mar 2012

		DOCKET NUMBER:  AR20110016609 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Southwest Asia and the Southwest Asia Service Medal (SWASM).

2.  He states his DD Form 214 does not show his deployment with the 1st Armored Division or that he earned the SWASM.

3.  He did not provide any additional documentation.  

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.  He enlisted in the Regular Army on 26 January 1988.  After completion of training, he served in military occupational specialty 11C (Indirect Fire Infantryman).

3.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Germany from 20 May 1988 through 9 August 1991.

4.  His record contains a DA Form 638 (Recommendation for Award) which shows he was assigned to Headquarters and Headquarters Company, 7th Battalion (Mechanized), 6th Infantry Regiment, 1st Armored Division during the period 25 December 1990 to 1 March 1991. 

5.  The Gulf War Participants Roster shows the applicant was deployed in support of the Gulf War for the period 1 January through 1 May 1991.

6.  A memorandum, Subject:  Award of the Army Good Conduct Medal (AGCM), dated 25 January 1992, shows his company commander approved award of the AGCM (1st Award) to him for the period 1988 through 1991.  However, his record is absent of permanent orders.

7.  He was honorably released from active duty (REFRAD) on 25 January 1992, after completing 4 years of net active service.  His DD Form 214 shows the following:

* Item 12f (Foreign Service) – 3 years, 2 months, and 20 days
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbon Awarded or Authorized) – he was awarded the following:

* Army Commendation Medal
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with (Rifle Bar)
* Sharpshooter Marksmanship Qualification Badge with (Grenade Bar)
* Marksman Marksmanship Qualification Badge with (Mortar Bar)
* Army Lapel Button

* Item 18 (Remarks) – no foreign service entry



8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  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)

   b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992.  It is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

   c.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 9 November 1995, 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.

9.  The 7th Battalion (Mechanized), 6th Infantry Regiment, 1st Armored Division was awarded the Valorous Unit Award (VUA) for the period 24 to 28 February 1991, by Department of the Army, General Orders Number 12, dated 13 May 1994.  

10.  Army Regulation 635-5 (Separation Documents) provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the DD Form 214 of an active duty Soldier deployed with his or her unit during their continuous period of active service will have the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The Gulf War Participants Roster shows the applicant was deployed in support of the Gulf War from 1 January through 1 May 1991.  As a result, he is entitled to the following corrections to his DD Form 214:

	a.  Item 13 – Addition of the SWASM with three bronze service stars, KLM-SA, and KLM-K; and

   b.  Item 18 – Addition of the entry “SERVICE IN SAUDI ARABIA FROM 19910101 - 19910501.”
   
2.  During the applicant’s assignment with the 7th Battalion (Mechanized), 6th Infantry Regiment, 1st Armored Division, his unit was awarded the VUA.  As a result, he is entitled to addition of this unit award to his DD Form 214. 

3.  His company commander approved award of the AGCM (1st Award) for the period 26 January 1988 through 25 January 1991.  It is reasonable to presume that given the date of the recommendation (January 1992), the orders were not processed prior to his 25 January 1992 REFRAD.  As such, it would be appropriate to amend his DD Form 214 to show this award.  

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.  awarding him the AGCM (1st Award) for the period 26 January 1988 through 25 January 1991;

	b.  adding the following awards to item 13:

* AGCM (1st Award)
* SWASM with three bronze service stars
* KLM-SA
* KLM-K
* VUA 

   c.  adding the entry “SERVICE IN SAUDI ARABIA FROM 19910101 - 19910501” in item 18.




      _______ _   __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)                                         AR20110016609





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ABCMR Record of Proceedings (cont)                                         AR20110016609



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