IN THE CASE OF:	  

		BOARD DATE:	    12 April 2012

		DOCKET NUMBER:  AR20110018434 


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) as follows:

* Item 12f to show his overseas service
* Item 13 to show the Army Commendation Medal (ARCOM)

2.  The applicant states that his DD Form 214 does not show he served in the Persian Gulf from September 1990 to March 1991 or his award of the ARCOM.

3.  He provides an ARCOM certificate 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.  The applicant enlisted in the Regular Army on 8 February 1989.  He completed training and he was awarded military occupational specialty 31M (Multichannel Communications System Operator).

3.  He provides a copy of an ARCOM Certificate, dated 13 May 1991, that shows he was awarded the ARCOM for exceptionally meritorious service during Operation Desert Storm while assigned to the 327th Signal Battalion (Airborne) from 16 January to 16 March 1991 for a period of 2 months and 1 day.  The certificate indicates the ARCOM was awarded by Orders 006-010.

4.  His name is listed on the Persian Gulf Roster as having served with the
1st Armored Division in Southwest Asia from 1 September 1990 to 4 April 1991.  However, aside from this roster and his ARCOM certificate, his exact dates of arrival in and departure from Southwest Asia are unconfirmed.

5.  On 12 February 1992, he was honorably released from active duty under the Fiscal Year 1991 Transition Program, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued shows in:

* Item 12f zero foreign service credit
* Item 13 no entry of the ARCOM

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show the ARCOM.

7.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  It stated, that foreign service performed during the period covered by the DD Form 214 would be entered in Item 12f.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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)

	b.  the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he served in the Persian Gulf is acknowledged.  Notwithstanding the summary on the ARCOM certificate he provided with his application and the Gulf War Roster, there is insufficient evidence to show his exact dates of arrival and departure for service in the Persian Gulf.  However, his ARCOM certificate shows he served in Operation Desert Storm from 16 January to 16 March 1991.  Although his exact dates of arrival and departure are unknown, he served in Southwest Asia for at least
2 months and 1 day.  Therefore, his DD Form 214 should be corrected to show the known period of his foreign service.

2.  Orders 006-010 awarded him the ARCOM for meritorious service during the period 16 January to 16 March 1991.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Based on his period of service in Southwest Asia as indicated in his ARCOM certificate, he served during a qualifying period for entitlement to the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal – Saudi Arabia, and the Kuwait Liberation Medal – Kuwait.  Therefore, his
DD Form 214 should be corrected to show these awards.

4.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

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 12f of his DD Form 214 the current entry and replacing it with the entry "00  02  01," and

	b.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Southwest Asia Service Medal
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait 



      _______ _  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)                                         AR20110018434



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ABCMR Record of Proceedings (cont)                                         AR20110018434



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