BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110022993 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Achievement Medal, Southwest Asia Service Medal with two bronze service stars, Overseas Service Bar, and Kuwait Liberation Medal.

2.  She states she has attached a letter and DD Form 214 from someone who served in the same unit at the same time and received the same awards as her.  Through administrative error her DD Form 214 does not reflect these items. 

3.  The applicant provides:

* her DD Form 214
* letter and DD Form 214 from another member of her unit 

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.  Her military records show she enlisted in the Regular Army on 9 August 1989.  She was awarded the military occupational specialty of 88M (Motor Transport Operator).  The highest rank/grade she held was private first class/E-3.

3.  Her DA Form 2-1 (Personnel Qualification Record) reflects no overseas service.  This form shows she was:

* assigned to Company A, Headquarters Command, Fort Dix, NJ from 29 August 1989 to 26 August 1990
* attached to Company A, 197th Support, Fort Benning, GA from 27 August 1990 to an unknown date

4.  She was discharged from active duty on 1 November 1991.  She completed a total of 2 years, 2 months, and 5 days creditable active service.

5.  Her DD Form 214 shows the National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Grenade, and Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War.  This list contains the applicant's name and shows she received hazardous duty pay from the month of September 1990 through 29 March 1991 for service in the Persian Gulf War.

7.  She submitted a letter from a former member of the same unit who stated she served with the applicant as supply line drivers during Desert Shield and Desert Storm.

	a.  This individual also provided her own DD Form 214 which shows that individual served in the Persian Gulf War.  Item 18 (Remarks) of this individual's DD Form 214 shows she served in Southwest Asia from 4 September 1990 to 20 March 1991.  This individual's DD Form 214 shows, in pertinent part, the Army Achievement Medal, Southwest Asia Service Medal with two bronze service stars, Overseas Service Bar, and Kuwait Liberation Medal.


	b.  A photocopy of this individual's DA Form 2-1 shows she was attached to Company A, 197th Support, Fort Benning, GA for an unknown period of time.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
	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 include:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 

	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 Operation Desert Storm between 17 January 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal-Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

	d.  The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the United States Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  There are no provisions for entering the Overseas Service Bar on the DD Form 214 as it is an item of uniform wear and not an award or decoration. 


DISCUSSION AND CONCLUSIONS:

1.  While it does not show the exact date she arrived in country, the Gulf War Roster shows she received hazardous duty pay from sometime during the month of September 1990 until 29 March 1991.  This evidence indicates she served in the Persian Gulf War in a designated area during a qualifying time period to be authorized the Southwest Asia Service Medal and that she participated in two campaigns.  Therefore, it would be appropriate to add the Southwest Asia Service Medal with two bronze service stars to her DD Form 214.

2.  Evidence indicates she completed a qualifying period of service for both the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi Arabia.  As such, it would be appropriate to add these awards to her DD Form 214.

3.  Regulatory policy does not provide for entry of uniform wear items such as the Overseas Service Bar on a DD Form 214.  Although it is listed on the other individual’s DD Form 214, there is no regulatory basis for adding the Overseas Service Bar to a DD Form 214.

4.  Notwithstanding her contention that she received the same awards as another unit member for her deployed service, there are no orders or other evidence she was ever awarded the Army Achievement Medal.  As such, she is not entitled to have this award added to her DD Form 214 at this time.

5.  In view of the foregoing, she is entitled to have her records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  __X______  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all 


Department of the Army records of the individual concerned be corrected by amending her DD Form 214 by adding the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so
much of the application that pertains to the Army Achievement Medal and Overseas Service Bar.



      __________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)                                         AR20110022993



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ABCMR Record of Proceedings (cont)                                         AR20110022993



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