BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110018594 


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 the Southwest Asia Service Medal. 

2.  The applicant states he served in Kuwait from September to December 1995 and September to December 1996. 

3.  The applicant provides:

* Leave and Earnings Statements
* 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 11 January 1995 and he held military occupational specialties 13F (Fire Support Specialist).  He was assigned to the 3rd Battalion, 82nd Field Artillery, Fort Hood, TX.

3.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 16 May 1997 by reason of completion of his required service.  He completed 2 years, 4 months, and 6 days of creditable active service and he was fully eligible to reenlist.  

4.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Lapel Button
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon

5.  He submitted various Leave and Earnings Statements for December 1995, October 1996, and December 1996 that show he received hazardous fire pay (HFP) and combat zone tax exclusion (CZTE).

6.  An email, dated 17 October 2011, from the Defense Finance and Accounting Service, Indianapolis, IN, shows he received HFP and CZTE from 22 August 1995 to 31 October 1995 and 20 September 1996 to 5 December 1996.

7.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.

	a.  Southwest Asia and contiguous waters, as used herein, is defined as an area which includes the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N. latitude and west of 68 degrees E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  To be eligible, a service member must meet one or more of the following criteria:

* be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations
* be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* be actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above
* be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days; these time limitations may be waived for people participating in actual combat operations

	b.  It may also be awarded posthumously to any person who lost his or her life while, or as a direct result of, participating in Operation Desert Shield or Desert Storm without regard to the length of such service, if otherwise eligible.  One bronze service star will be worn on the suspension and service ribbon for participation in each designated campaign.  The designated campaigns for Southwest Asia 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.  A review of his records indicates he is eligible for an additional award which is not shown on his records.

9.  His records do not contain official orders awarding him the Army Good Conduct Medal (1st Award).  His records also do not contain any derogatory information in the form of lost time, conviction by a court-martial, and/or suspension of favorable personnel.

10.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two periods of foreign service in Kuwait in 1995 and in 1996.  His service in Kuwait in 1996 would not have qualified him for award of the Southwest Asia Service Medal because the period covered for this award was from 2 August 1990 to 30 November 1995.

2.  His first period of service in Kuwait was from 22 August to 31 October 1995 in what appears to be a training exercise.  Since he served on temporary duty for 30 consecutive days or 60 nonconsecutive days, he appears to have met 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.
3.  The available evidence confirms he served honorably on active duty during the period 11 January 1995 through 16 May 1997.  He completed two periods of service in Kuwait, attained the rank/grade of SP4/E-4, and he was fully eligible to reenlist at the time of his release from active duty.  His records contain no derogatory information or evidence that shows he was denied award of the Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal and to correct 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 the evidence presented is 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:

* awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 January 1995 through 16 May 1997
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Southwest Asia Service Medal with one bronze service star



      _________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)                                         AR20110018594





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ABCMR Record of Proceedings (cont)                                         AR20110018594



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