IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110021675 


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 that his DD Form 214 (Certificate of Release or discharge from Active Duty) be corrected to reflect his service in Southwest Asia (SWA) during Operation Desert Storm and his authorized awards for that service.

2.  The applicant states, in effect, that he deployed to SWA in support of Operation Desert Storm and he was attached to the 3d Battalion, 17th Field Artillery Regiment.  He also states that he returned to his unit in Germany and 
2 days later he was out-processed.  He goes on to state that he is seeking benefits and has been unable to prove he served in SWA.

3.  The applicant provides copies of his DD Form 214, his leave and earnings statements (LESs) for the period of service from 1 January to 31 May 1991, and his unit’s history.

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 10 July 1987 for a period of 4 years, training as a wheeled vehicle repairer, and a cash enlistment bonus.  He completed basic training at Fort Dix, New Jersey and advanced individual training at Aberdeen Proving Ground, Maryland before being assigned to Fort Riley, Kansas for his first duty assignment.

3.  On 3 February 1989, he was transferred to Germany for assignment to the 156th Maintenance Company.  He was advanced to the pay grade of E-4 on 1 September 1989.

4.  The LESs provided by the applicant show that he was authorized "danger pay" from 1 December 1990 through 31 May 1991.  The unit history provided by the applicant indicates his unit was deployed to Saudi Arabia during Operation Desert Shield/Storm.

5.  On 9 July 1991, the applicant was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 
4 years of total active service and his DD Form 214 issued at the time of his REFRAD shows no indication that he deployed to SWA or that he was authorized any awards for that deployment.  It shows he was awarded the Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, Driver and Mechanic Badge with Mechanic and Driver-W Bars.

6.  A review of the available records failed to show any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM) (1st Award) or any action by the commander to disqualify him for award of the AGCM.

7.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (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)
8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

9.  Army Regulation 600-8-22 states 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.

10.  Army Regulation 600-8-22 states the AGCM 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 AGCM disqualification must be justified.  

11.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that it is mandatory that an entry be placed in the remarks section of the DD Form 214 for an active duty Soldier deployed with his or her unit during their continuous period of active service.  The entry will consist of “Service in SWA from (YYYYMMDD – YYYYMMDD)”.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant deployed to SWA in support of Operation Desert Shield/Storm; therefore, the entry “Service in SWA 19901201 – 19910531” should be entered on his DD Form 214 at this time.

2.  The applicant also served in two campaigns during a qualifying period for award of the SWASM with two bronze service stars, KLM-SA, and KLM-K. Therefore, he is entitled to have them added to his DD Form 214.

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the AGCM (1st Award) for his service 10 July 1987 through 9 July 1990.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting 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:

1.  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 10 July 1987 through  9 July 1990 and adding the AGCM, SWASM with two bronze service stars, KLM-SA, and KLM-K to his DD Form 214; and 

   b.  Adding the entry “Service in SWA 19901201 – 19910531” to block 18 of his DD Form 214.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20110021675



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ABCMR Record of Proceedings (cont)                                         AR20110021675



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