IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110023836 


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 and the Kuwait Liberation Medal. 

2.  The applicant states he:

* Deployed with the 3rd Squadron, 3rd Armored Cavalry Regiment (ACR) in support of Operation Southern Watch for 2 months in 1993
* Deployed with the 1st Battalion, 10th Field Artillery, in support of Operation Intrinsic Action for 4 months in 1999

3.  The applicant provides:

* DA Forms 2166-7 (NCO (Noncommissioned Officer) Evaluation Report) for the periods July 1993 through January 1994 and January 1999 through October 1999
* DA Form 638 (Recommendation for Award)
* Certificate of service in Kuwait
* 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.  Having had prior service, the applicant enlisted in the Regular Army on 18 August 1987 and he held military occupational specialties 63Z (Mechanical Maintenance Supervisor) and 91B (Medical Specialist).  

3.  He served through multiple reenlistments in a variety of stateside or overseas assignments, including Korea from August 1995 to June 1996 and January 2000 to January 2001, and he attained the rank/grade of master sergeant (MSG)/E-8.

4.  He was honorably retired on 15 April 2004 by reason of permanent disability.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Meritorious Service Medal (2nd Award)
* Army Commendation Medal (4th Award)
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (5th Award)
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Expert Field Medical Badge
* Aircraft Crewman Badge
* Driver and Mechanic Badge

5.  He submitted:

* DA Form 2166-7, for the period July 1993 through January 1994, that shows he deployed to Kuwait during a training exercise for 2 months
* DA Form 2166-7, for the period January 1999 through October 1999, that shows he deployed to Kuwait for Intrinsic Action 99-02 
* DA Form 638, dated 27 April 1995, that shows he participated in an Intrinsic Action rotation
* Certificate, dated 15 December 1993, acknowledging his service during Operation Southern Watch

6.  An email, dated 6 January 2012, from the Defense Finance and Accounting Service, Indianapolis, IN, shows he received hazardous fire pay/imminent danger pay from 26 October to 16 December 1993 (no country is specified) and from 16 April to 8 August 1999 for Kuwait.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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. 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

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)

   b.  The Kuwait Liberation Medal is awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States and authorized by Department of Defense on 3 January 1992.  It is awarded to members of the Armed Forces of the U.S. who participated in Operation Desert Storm between 17 January 1991 and 28 February 1991 in one or more of the following areas: Persian Gulf; Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.  To be eligible personnel must meet one of the following qualifications:

* Be attached to or regularly serving for one or more days with an organization participating in ground or shore operations.
* Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* Actually participate as a crew member in one or more aerial flights supporting military operations in the areas designated above
* Serve on temporary duty for 30 consecutive days during the period 17 January 1991 to 28 February 1991 under any of the criteria in (1) through (3) above.  This time limit may be waived for people participating in actual combat operations
* The eligibility period and geographic boundaries were specified by the Government of Saudi Arabia and may not be waived

   c.  The Kuwait Liberation Medal is awarded by the Government of Kuwait to members of the Armed Forces of the United States and authorized by the Department of Defense on 7 August 1995.  It is awarded to members of the Armed Forces of the U.S. who served in support of Operations Desert Shield or Desert Storm between 2 August 1990 and 31 August 1993 in one or more of the following areas:  the Arabian Gulf; the Red Sea; the Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates.  To be eligible, personnel must meet one of the following qualifications:
   
* Be attached to or regularly serving for one or more days with an organization participating in ground and/or shore operations
* Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* Actually participate as a crew member in one or more aerial flights directly supporting military operations in the areas designated above
* Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days during the period 2 August 1990 to 31 August 1993 under any of the criteria in (1) through (3), above. This time limit may be waived for Soldiers participating in actual combat operations
* The eligibility period and geographic boundaries were specified by the Government of Kuwait and may not be waived

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Only one award of the Korea Defense Service Medal is authorized for any individual.

8.  According to the U.S. Army Center of Military History:

	a.  U.N. Security Council Resolution (UNSCR) 688, passed in April 1991, demanded that Iraqi leader end the repression of the Iraqi civilian population.  Iraqi military bombing and attacks against the Shi'ite in Southern Iraq during the remainder of 1991 and during 1992 indicated Iraq chose not to comply with the U.N. resolution. 

	b.  President George Bush announced on 26 August 1992 a decision by a coalition of U.N. forces to begin surveillance operations in Iraq below the 32nd parallel.  The goal was to ensure Iraq's compliance with UNSCR 688.  To facilitate the monitoring, the coalition barred all Iraqi fixed and rotary wing aircraft from flying over the surveillance area.  With the president's announcement, U.S. Central Command activated Joint Task Force Southwest Asia (JTF-SWA), a command and control unit for coalition forces monitoring the no-fly zone.  The mission was dubbed Operation Southern Watch.  The first Southern Watch sortie was flown on 27 August 1992 - less than 24 hours after the announcement. 

	c.  Initially, Iraq complied with the no-fly restriction, but they began challenging Southern Watch operations after the UN's decision to retain sanctions against Iraq.  In January 1993, four U.N. allies, the United States, Russia, France and the United Kingdom, agreed to work together in enforcing UNSCR 688.  Although Iraq challenged the no-fly zone several times in 1992 and 1993, the first nine months of 1994 passed without incident.  Due to the relative calm in the Operation Southern watch, JTF-SWA began a force drawdown in February 1994, with the redeployment of the 49th Fighter Wing and other USCENTAF assets to CONUS from Saudi Arabia. The operation consisted of a four-phased redeployment of personnel and equipment, and involved the movement in February of 8 F-117's, approximately 300 personnel, and 958 short tons of equipment to home stations in the United States.  In March 1994, JTF-SWA continued the drawdown of forces in support of Operation SOUTHERN WATCH by redeploying 3 F-16, 3 F-15E, and 3 F-15C aircraft from Dhahran, Saudi Arabia to the United States.

	d.  Southern Watch operations continued without incident until October, 1994, when Iraq began troop movements south towards Kuwait, prompting U.S. and coalition forces to react with force deployments into theater under Operation Vigilant Warrior.  In October 1994, Iraq, upset about continued U.N. sanctions, began a series of verbal threats.  They insisted on a date upon which the sanctions would end.  They deployed a significant number of armored vehicles and mechanized infantry troops to Southern Iraq and to the Kuwaiti border.  Coalition forces responded with increased surveillance operations, deployment of additional aircraft and forces to the AOR and a firm resolve to deter Iraqi aggression, and if necessary, defend the Arabian Peninsula from attacking Iraqi forces. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two periods of foreign service in Kuwait in 1993 and in 1999.  His service in Kuwait in 1999 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 or the Kuwait Liberation Medal because the period covered by this award was from 2 August 1990 to 31 August 1993.

2.  His first period of service in Kuwait was a 2-month training exercise in what appears to be in support of Operation Southern Watch as evidenced by the certificate he submitted.  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.  In order to be eligible for award of the Kuwait Liberation Medal during his deployment to Kuwait, he must meet one of the following qualifications:

* be attached to or regularly serving for one or more days with an organization participating in ground or shore operations.
* be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* actually participate as a crew member in one or more aerial flights supporting military operations in the areas designated above
* serve on temporary duty for 30 consecutive days during the period 17 January 1991 to 28 February 1991 under any of the criteria in (1) through (3) above; this time limit may be waived for people participating in actual combat operations

Although he may have served in Kuwait for 30 consecutive days, he would have had to meet any of the first three criteria specified above.  He does not.  Therefore, he is ineligible for award of the Kuwait Liberation Medal.

4.  His service in Korea from August 1995 to June 1996 also entitled him to the Korea Defense Service Medal and correction of his DD Form 214 to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his 2004 DD Form 214 the Southwest Asia Service Medal with one bronze service star and the Korea Defense Service Medal.

2.  The Board further determined that 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 award of the Kuwait Liberation Medal.



      _______ _   __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)                                         AR20110023836





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ABCMR Record of Proceedings (cont)                                         AR20110023836



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