IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110024505


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 service in Southwest Asia (SWA) from August 1996 to December 1996 as well as any awards or service medals he may be entitled to for that service.

2.  As a secondary issue, he requests upgrade of his discharge characterization, from under honorable conditions (general) to honorable. 

3.  The applicant states he was informed by a noncommissioned officer that he did not need to be present to review his DD Form 214.

4.  The applicant provides eight color photographs of Soldiers performing various activities in a desert environment.

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 requested upgrade of his discharge characterization, from under honorable conditions (general) to honorable.  This portion of his request will be considered by the Army Discharge Review Board; therefore, it will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 26 July 1995.  He completed training and was awarded military occupational specialty 12B (Combat Engineer).

4.  On 3 December 1997, he was discharged under honorable conditions.  His DD Form 214 shows he completed 2 years, 3 months, and 27 days of net active service during this period.

   a. Item 12f (Foreign Service) does not show he performed any foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show he was previously awarded either the SWA Service Medal (SWASM) or the Armed Forces Expeditionary Medal (AFEM).

   c. Item 18 (Remarks) does not show he participated in any named operations or campaigns.

5.  Defense Finance and Accounting Service (DFAS) records shows he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 13 August 1996 through 11 December 1996.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, the Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.

   a. Paragraph 2-12 provides for the award of the AFEM for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operation.  Table 2-4 (AFEM – Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation) lists certain designated operations for which the AFEM is authorized.  It shows that the AFEM is authorized for service in support of:

* Operation Southern Watch, from 1 December 1995 – 18 March 2003
* Vigilant Sentinel, from 1 December 1995 – 15 February 1997 
 
   b. Paragraph 2-14 provides for the award of the SWASM.  It states 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 on the SWASM for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), Liberation and Defense of Kuwait (17 January to 11 April 1991), and SWA Cease-Fire (12 April 1991 to 30 November 1995) campaigns.

7.  Army Regulation 635-5 (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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Table 2-1 provides:

	a.  Item 12f documents the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

	b.  Item 13 documents the decorations, medals, badges, citations, and campaign ribbons awarded or authorized.

	c.  Item 18 documents the remarks that are pertinent to the proper accounting of separating Soldiers during this period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his service in SWA from August 1996 to December 1996 as well as any awards or service medals he may be entitled to for that service was carefully considered.

2.  The evidence of record shows he served in SWA from 13 August 1996 through 11 December 1996, which equates to 3 months and 29 days of foreign service.  This service is not reflected on his DD Form 214; therefore, it would be appropriate to amend item 12f of his DD Form 214 to show he served 3 months and 29 days of foreign service.
3.  His foreign service in SWA was not within the regulatory time frame for award of the SWASM; however, it is within the regulatory time frame for award of the AFEM.  The exact named operation for which he provided support is not shown in his available record; however, since he received hostile fire/imminent danger pay and the combat zone tax exclusion, it would be reasonable to conclude he deployed in support of either Operation Southern Watch or Vigilant Sentinel.  Accordingly, it would be appropriate to award him the AFEM and to correct his records to show this award.  

4.  It would also be appropriate to amend item 18 of his DD Form 214 by adding the entry "SERVICE IN SOUTHWEST ASIA (KUWAIT) FROM 19960813-19961211."

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:

* amending item 12f of his DD Form 214 to read "00  03  29"
* amend item 13 of his DD Form 214 to add the AFEM
* amending item 18 of his DD Form 214 to add the entry "SERVICE IN SOUTHWEST ASIA (KUWAIT) FROM 19960813-19961211"



      ____________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)                                         AR20100010470



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ABCMR Record of Proceedings (cont)                                         AR20110024505



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