IN THE CASE OF:	 

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110017573 


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 add the Southwest Asia Service Medal.

2.  The applicant states his DD Form 214 does not reflect the Southwest Asia Service Medal.  He served in Kuwait during Operation Vigilant Warrior from October 1994 to December 1994.  He served as squad leader with C Company, 2nd Battalion, 7th Infantry Regiment (Mechanized).  He served with sergeant first class ACH (platoon sergeant), second lieutenant ENA (platoon leader), and captain CAS (company commander).  His Noncommissioned Officer Evaluation Report (NCOER) reflects his chain of command.  He was not aware the Southwest Asia Service Medal was awarded for his deployment until he researched Operation Vigilant Warrior.  He verified his awards and decorations through the National Personnel Records Center.

3.  The applicant provides a NCOER for the period of March 1994 through February 1995 and his DD Form 214.

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.  After having served in the U.S. Army Reserve the applicant enlisted in the Regular Army on 24 February 1994 and held the military occupational specialty 11B (Infantryman).  He was assigned to A Company, 1st Battalion, 327th Infantry Regiment, 1st Brigade Combat Team, 101st Airborne Division (Air Assault).

3.  His DD Form 214 shows he was discharged from active duty in the rank/grade of sergeant/E-5 on 3 May 1996 by reason of disability with severance pay.  He completed 2 years, 2 months, and 10 days of creditable active service.  His DD Form 214 does not list any foreign service, or the Southwest Asia Service Medal.

4.  An email, dated 3 October 2011, from the Defense Finance and Accounting Service shows he received hazardous fire pay, imminent danger pay, and combat zone tax exclusion from 10 October 1994 to 3 December 1994 for service in Kuwait.

5.  His name appears on the Gulf War Deployment Roster, showing he was deployed from 1 October 1994 to 31 December 1994.

6.  He provided a copy of his NCOER for the period of March 1994 through February 1995 as evidence in this case.  His NCOER shows one of his areas of special emphases during the rating period was Operation Vigilant Warrior.

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.  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)

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 establishes standardized policy for the preparation of the DD Form 214.  It states that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"
* item 18 should also be used for Headquarters Department of the Army mandatory requirements when a separate block is not available, and as a continuation for other selected entries

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed one period of foreign service in Kuwait and received hazardous fire pay and imminent danger pay from 10 October 1994 to 
3 December 1994.  His service in Kuwait meets the criteria for award of the Southwest Asia Service Medal.  Additionally, he was present during the Cease-Fire Campaign (12 April 1991 to 30 November 1995) and should be entitled to a bronze service star to be affixed to this medal.

2.  The Gulf War Deployment Roster, shows he was deployed in Kuwait from 
10 October 1994 to 3 December 1994.  Based on these dates, item 12f of his DD Form 214 should be corrected to show 1 month and 24 days of foreign service.

3.  The evidence of record shows he was serving in Kuwait from 10 October 1994 to 3 December 1994.  Therefore, he is entitled to have his DD Form 214 corrected to show "Imminent Danger Pay" from 1 October 1994 to 31 December 1994.

4.  The evidence of record shows he served in Kuwait from 10 October 1994 to 
3 December 1994.  He is therefore entitled to have the entry "Service in Kuwait: from 1 October 1994 - 31 December 1994" added to item 18 of his DD Form 214.




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 correcting his DD Form 214 to:

* Add entry in item 12f - 1 month and 24 days 
* Add to item 13: Southwest Asia Service Medal with 1 bronze service star
* Add entries in item 18:

* Service in Kuwait: from 10 October 1994 to 3 December 1994
* Imminent Danger Pay: 10 October 1994 to 3 December 1994




      _______ _   _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)                                         AR20110017573



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ABCMR Record of Proceedings (cont)                                         AR20110017573



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