IN THE CASE OF:	  

		BOARD DATE:	    19 April 2012

		DOCKET NUMBER:  AR20110019881 


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 deployments.

2.  He states he deployed on three combat tours, but the deployments are not annotated on his DD Form 214.  

3.  He provides the following:

* Two DD Forms 214
* Enlisted Record Brief (ERB)
* Five award certificates
* DA Form 2-1 (Personnel Qualification Record)

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 (RA) on 3 February 1987 and was honorably discharged on 24 February 1995.  On 18 March 1997, he reentered the RA and remained on active duty until he was retired on 31 March 2009 with 20 years, 1 month, and 5 days or active duty service of which 11 years, 
7 months, and 20 days were listed as foreign service.

3.  His 31 March 2009 DD Form 214 shows in

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Meritorious Service Medal (MSM) (2nd Award)
* Army Commendation Medal (ARCOM) (4th Award)
* Joint Service Achievement Medal (JSAM)
* Army Achievement Medal (AAM) (6th Award)
* Meritorious Unit Commendation 
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal (NDSM)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal (SWASM) with one bronze service star
* Global War on Terrorism Service Medal
* Korean Defense Service Medal
* Iraq Campaign Medal (ICM) with one bronze service star
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
* Drivers and Mechanic Badge with Mechanic Bar

* Item 18 (Remarks) of his 24 February 1995 and 31 March 2009 contain no entry concerning his deployments.

4.  His awards certificates show the following:

	a.  On 8 October 1991, he was awarded the ARCOM, for meritorious achievement while serving with the 24th Infantry Division Support Command, Kingdom of Saudi Arabia, during Operation Desert Shield and Desert Storm.

	b.  On 10 December 1998, he was awarded the AAM, for meritorious achievement during Intrinsic Action 98-03 Operation Tusker Dragoon.

	c.  On 21 April 2000, he was awarded the ARCOM for exceptionally meritorious service while assigned as the Decontamination Squad Leader from
7 July 1999 to 7 July 2000.

	d.  On 16 February 2003, he was awarded the JSAM for meritorious service from 24 June 2003 to 15 November 2003.

	e.  On 1 September 2006, he was awarded the MSM for meritorious service in support of Operation Iraqi Freedom (OIF) from 5 October 2005 to 1 September 2006.

5.  His ERB shows he served two tours in Iraq from 1 April 2003 to 31 December 2003 and 5 October 2005 to 18 September 2006.

6.  Information retrieved from the Gulf War Deployment Roster shows he served in Saudi Arabia from 28 August 1990 to 27 March 1991.

7.  Information provided by the Defense Finance and Accounting Service (DFAS) verified that he received hostile fire pay/imminent danger pay and a combat zone tax exemption while assigned in Kuwait from 28 April 2003 through 18 December 2003 and 5 October 2005 through 18 September 2006.

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.  His records indicate he participated in the following campaigns:
   
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 

	b.  The ICM is awarded to members who have served in direct support of OIF. The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  His records indicate he participated in the following campaigns:

* Liberation of Iraq (19 March 2003 to 1 May 2003)
* Transition of Iraq (2 May 2003 to 28 June 2004)
* Iraqi Governance (29 June 2004 to 15 December 2005)
* National Resolution (16 December 2005 to 9 January 2007)

	c.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

9.  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.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The Gulf War Deployment Roster confirms he served in Saudi Arabia from 
28 August 1990 to 27 March 1991.  Additionally, he participated in two campaigns during this period of service.  Therefore, he is entitled to correction of item 13 of his DD Form 214 to show two bronze service stars on his already awarded SWASM.  He is also entitled to correction of item 18 of this form to show his deployment.

2.  DFAS verified he received hostile fire pay/imminent danger pay and a combat zone tax exemption from 28 April 2003 through 18 December 2003 and 
5 October 2005 to 18 September 2006 while assigned in Kuwait.  Additionally, he participated in four campaigns during his service in Kuwait.  Therefore, he is entitled to correction of item 13 of his DD Form 214 to show four bronze service stars on his already awarded ICM.  He is also entitled to correction of item 18 of this form to show these deployments.

3.  Records show he honorably served during two qualifying periods for the NDSM:  3 February 1987 to 24 February 1995 and 18 March 1997 to 31 March 2009.  Therefore, his DD Form 214 should be corrected to show the NDSM with one bronze service star.

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.  adding to item 18 of his 24 February 1995 DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 900828 - 910327;"

   b.  deleting from item 13 of his 31 March 2009 DD Form 214 Southwest Asia Service Medal with one bronze service star, the Iraq Campaign Medal with one bronze service star, and the National Defense Service Medal;

   c.  adding to item 13 of his 31 March 2009 DD Form 214 the Southwest Asia Service Medal with two bronze service stars, the Iraq Campaign Medal with four bronze service stars, and the National Defense Service Medal with one bronze service star; and
   
	d.  adding to item 18 of his of his 31 March 2009 DD Form 214 the entry "SERVICE IN KUWAIT FROM  20030428 - 20031218 and 20051005 - 20060918."


      _______ _  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)                                         AR20110019881





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ABCMR Record of Proceedings (cont)                                         AR20110019881



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