IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120003913 


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 17 June 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Kuwait and to show all of his authorized awards to include the Army Good Conduct Medal (AGCM) and Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he deployed to Kuwait in support of Operation Silver Lion in 1995.  When he returned to the United States he had to immediately begin preparing for deployment to Bosnia.  He adds that his service In Kuwait is not shown on his separation document.  In addition, he was not awarded the AGCM for his 3 years of active duty service or the AFEM for his service in Bosnia.

3.  The applicant provides copies of two DD Forms 214 in support of his request.

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 18 June 1992 for a period of 4 years.  He was awarded military occupational specialty 13B (Cannon Crewmember).

3.  He was promoted to specialist four (SP4)/pay grade E-4 on 1 September 1994.

4.  Headquarters, 2nd Battalion, 68th Armored Regiment, Task Force 2-68 Armor, memorandum, dated 13 May 1995, subject:  Southwest Asia Service Medal, and the attached roster of personnel assigned to Company A, shows the commander certified that the applicant deployed to Southwest Asia (Kuwait) as part of the task force to participate in exercise "Intrinsic Action 95-2" from 16 March to 15 May 1995.  It also shows he was awarded the Southwest Asia Service Medal with one bronze service star for participation in the Southwest Asia Cease-Fire Campaign.

5.  The applicant's DD Form 214 shows he entered active duty on 18 June 1992 and he was honorably released from active duty on 17 June 1996 based on completion of required active service.  He had completed 4 years of active service.  It also shows in:

	a.  item 12 (Record of Service), block f (Foreign Service):  3 years, 7 months, and 22 days;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Achievement Medal (2nd Award)
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with one bronze service star
* Driver Badge with "Driver-T" (Tracked Vehicles) Bar
* Armed Forces Service Medal
* North Atlantic Treaty Organization (NATO) Medal

	c.  item 18 (Remarks):  service in Bosnia from 18 December 1995 through 16 April 1996; it does not show that he served with his unit in Southwest Asia (Kuwait).

6.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification for the AGCM (1st Award).

7.  This review also failed to reveal any evidence that he was awarded the AGCM (1st Award) or AFEM.

8.  Headquarters, Department of the Army General Orders (DAGO) Number 15, dated 11 April 1997 and DAGO Number 25, dated 8 June 2001, awarded Task Force Eagle (1st Armored Division and participating units) and Task Force Eagle Implementation Force (1st Armored Division and assigned or attached units), including the 2nd Battalion, 68th Armor (less Companies B and D), the Army Superior Unit Award for meritorious service in connection with difficult and challenging missions during peacetime from 10 April 1994 to 10 December 1996.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  

   b.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.

	 	(1)  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 operations.

	 	(2)  Table 2-3 (AFEM - Designated U.S. Military Operations in Direct Support of the United Nations) shows the AFEM was authorized for service in the former Republic of Yugoslavia in support of Operation Joint Endeavor (OJE) and Operation Joint Guard (OJG) from 1 June 1992 to 20 June 1998 only for participants deployed in Bosnia-Herzegovina and Croatia.

10.  Headquarters, U.S. Army Personnel Command, Military Personnel Message Number 99-100, issued 12 March 1991, subject:  Award of the AFEM for OJE and OJG, shows the Secretary of Defense approved award of the AFEM in addition to the Armed Forces Service Medal to certain participants of OJE and OJG as a one-time exception to Department of Defense and service policies.

	a.  The one-time exception was to permit the award of the two medals for the same operation and period of service.

	b.  Award of the AFEM is limited to those participants in, or those providing direct support to, OJE and OJG who were deployed in the countries of Bosnia-Herzegovina and Croatia; aboard U.S. Naval vessels operating in the Adriatic Seas; or aboard aircraft in the respective air spaces.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

		(2)  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.  The applicant contends that his 17 June 1996 DD Form 214 should be corrected to show he served in Southwest Asia (Kuwait) and to show all of his authorized awards.

2.  The evidence of record shows the applicant deployed to Southwest Asia (Kuwait) as part of Task Force 2-68 Armor and that he participated in exercise "Intrinsic Action 95-2" from 16 March to 15 May 1995.  Therefore, it would be appropriate to correct his DD Form 214 to show this overseas service.

3.  The applicant served a qualifying period of active duty enlisted service for award of the AGCM (1st Award) from 18 June 1992 to 17 June 1995.

	a.  He was promoted to SPC (E-4) with 26 months of active duty and he was awarded the Army Achievement Medal.

	b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the AGCM (1st Award).

	c.  Despite the absence of the unit commander's recommendation for award of the AGCM (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his DD Form 214 to show the award.

4.  Records show the applicant served in Bosnia from 18 December 1995 through 16 April 1996.

	a.  He was authorized the Armed Forces Service Medal for this service.

	b.  This service also qualified the applicant for award of the AFEM, as an exception to policy.

	c.  Therefore, it would be appropriate to correct his DD Form 214 to show this service medal.

5.  General orders awarded the applicant's unit the Army Superior Unit Award.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show the awards and decorations, as recommended below.



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:

	a.  awarding him the AGCM (1st Award) for the period 18 June 1992 to 17 June 1995 (Standard Name Line:  SP4  Company A, 2nd Battalion, 68th Armor Regiment); and

	b.  correcting his 17 June 1996 DD Form 214 by:

		(1)  adding the following awards to item 13:

* AGCM (1st Award)
* Army Superior Unit Award
* AFEM

		(2)  adding the entry "SERVICE IN SOUTHWEST ASIA (KUWAIT) FROM 19950316-19950515" to item 18.



      _____________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)                                         AR20120003913



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ABCMR Record of Proceedings (cont)                                         AR20120003913



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