IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120003706 


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:

* two Army Achievement Medals (AAM's)
* two Army Good Conduct Medals (AGCM's)
* two Overseas Service Ribbons (OSR's)
* all Gulf War awards and decorations
* two military occupational specialties (MOS's)

2.  He states he earned all the requested ribbons and medals while stationed overseas but award orders were never forwarded.

3.  The applicant provides a copy of his DD Form 214 for the period ending 10 January 1992. 

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.  His records contain a DD Form 214 for the period ending 25 April 1986.  This document shows he was awarded MOS 51K (Plumber).  He was released from active duty for training to the control of his U.S. Army Reserve (USAR) unit.  On 6 January 1987, he was released from his USAR unit for unsatisfactory participation.

3.  On 28 April 1987, he enlisted in the Regular Army.  After completion of training, he was awarded MOS 94B (Food Service Specialist).  There is no record of MOS 51K being awarded as his secondary MOS.

4.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows the following:

* item 5 (Oversea Service) – he served in Germany from 24 July 1987 through 23 July 1990
* item 9 (Awards, Decorations, and Campaigns) – he was awarded:

* Army Service Ribbon (ASR)
* OSR
* National Defense Service Medal (NDSM)

5.  The applicant's name appears on the Gulf War Participants Roster as being deployed in support of the Gulf War from 1 October 1990 to 15 May 1991.

6.  His record is void of documentation showing he was either recommended for or awarded any AGCM's or AAM's.

7.  On 10 January 1992, he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 13, for unsatisfactory performance.  His service was characterized as honorable.  His DD Form 214 shows he was awarded the ASR, OSR, and NDSM.  Item 11 (Primary Specialty Number, Title, and Years Months in Specialty) shows the entry "94B1O Food Service Specialist 4 Years and 6 Months//Nothing Follows."  Item 18 (Remarks) does not show his service in Southwest Asia.

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 (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 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 (KLM-SA) was approved on 3 January 1992.  It 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.

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) was approved on 9 November 1995.  It 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.

	d.  The AAM is awarded to any member 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.

	e.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for award of the OSR for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the OSR.

	f.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	a.  The instructions for item 11 state to list the titles of all MOSs served for at least 1 year during the period of the DD Form 214 and to include the number of years and months served for each MOS.

	b.  For item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  There is no indication or documentation to show he held any additional MOSs other than 94B during the period covered by his DD Form 214 ending 10 January 1992.  As such, he is not entitled to add a second MOS to this document. 

2.  His record is void of evidence and he has not provided sufficient evidence such as orders which show he was awarded any AAM's.  Army Regulation 
600-8-22 provides that the AAM will be announced in orders.  Therefore, he is not entitled to this portion of the requested relief.

3.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The applicant has not provided sufficient evidence and his record is void of documentation which shows he was recommended for or awarded any AGCMs during his period of active duty service.  In fact, his record shows he was discharged for unsatisfactory performance.  As such, there is insufficient evidence to add these awards to his DD Form 214.

4.  The OSR which is shown on his DD Form 214 correctly depicts his overseas service in Germany.  His deployment to Saudi Arabia in support of Desert Shield does not authorize him an additional OSR.  As a result, there appears to be no error or injustice and he is not entitled to display the Numeral 2 on his OSR.

5.  His name appears on the Gulf War Participants Roster as deploying to Southwest Asia in support of Operations Desert Shield/Desert Storm from 1 October 1990 to 15 May 1991.  As a result, his DD Form 214 should be corrected to show he completed 7 months and 15 days of foreign service in Saudi Arabia from 10 October 1990 to 15 May 1991.

6.  His service in Southwest Asia also entitles him to addition of the following awards on his DD Form 214:

* SWASM with two bronze service stars
* KLM-SA
* KLM-KU

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 is 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 his DD Form 214 for the period ending 10 January 1992 by:

	a.  adding the following awards:

* SWASM with two bronze service stars
* KLM-SA
* KLM-KU

	b.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910515" to item 18.

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 addition of two AAM's, two AGCM's, an additional OSR, and a second MOS to his DD Form 214.



      ____________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)                                         AR20120003706



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ABCMR Record of Proceedings (cont)                                         AR20120003706



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