BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120008066 


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 all awards earned for his Gulf War service, including any weapons qualification badges.

2.  The applicant states the company clerk must have been in a hurry and overlooked his awards during his discharge process.

3.  The applicant provides:

* his DD Form 214 for the period ending 1 March 1991
* Order 53-12, issued by Headquarters, 573rd Personnel Service Company, APO 09657, dated 24 February 1991
* DFAS Forms 702 (Leave and Earnings Statement (LES)) for the period
1 September 1990 through 31 May 1991

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.  Records show the applicant enlisted in the U.S. Air Force Reserve (USAFR) on 17 February 1983.  He was ordered to initial active duty for training on 3 June 1983.  He completed training and he was awarded specialty 55231 (apprentice masonry specialist).  On 29 August 1983, he was released from active duty and transferred to the USAFR.  His DD Form 214 issued at the time shows award of the Air Force Training Ribbon.

3.  On 8 November 1988, he requested to be released from the USAFR for the purpose of enlistment in the Army National Guard.  His request was approved and he enlisted in the Indiana Army National Guard (INARNG) on 6 December 1988 for a period of 2 years in military occupational specialty 71L (administration specialist) in the rank/grade of sergeant (SGT)/E-5.

4.  His record contains a DA Form 2-1 (Personnel Qualification Record) prepared on 4 May 1989 that shows in item 9 (Awards, Decorations, and Campaigns) that he was awarded the:

* Air Force Training Ribbon
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

5.  On 7 January 1990, he extended his term of enlistment for a period of 1 year.

6.  On 19 October 1990, he was ordered to active duty in support of Operation Desert Shield/Desert Storm.

7.  The applicant's LES for the pay period ending:

* 31 October 1990 shows his unit was mobilized on 19 October 1990
* 30 November 1990 shows he was authorized danger pay effective
1 November 1990 and overseas pay effective 6 November 1990
* 31 December 1990 through February 1991 shows he continued to receive danger pay and overseas pay
* March 1991 shows the entry "Member removed for separation – 1 March 1991"

8.  Orders Number 53-12, dated 24 February 1991, reassigned the applicant from Saudi Arabia to his parent unit at Fort Benjamin Harrison, IN effective on or about 24 February 1991.

9.  On 1 March 1991, the applicant was honorably discharged from active duty by reason of "conscientious objection" in the rank/grade of SGT/E-5.  He completed 4 months and 13 days of net active service this period.  The DD Form 214 he was issued at the time shows in:

* item 12f (Foreign Service) the entry "00  03  12" indicating 3 months and 12 days of foreign service during the period covered by the DD Form 214
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Service Ribbon
* National Defense Service Medal

* item 18 (Remarks):

* the entry "INDIVIDUAL COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS"
* no deployment entries

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  It states:

	a.  The Southwest Asia Service Medal is authorized for service in Southwest Asia in support of Operations Desert Shield/Desert Storm between 2 August 1990 and 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* 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 - Saudi Arabia is awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States awarded to members who served in support of Operation Desert Storm between 17 January 1991 and 28 February 1991.

	c.  The Kuwait Liberation Medal - Government of Kuwait is awarded by the Government of Kuwait to members of the Armed Forces of the United States who served in support of Operation Desert Shield or Desert Storm between 2 August 1990 and 31 August 1993.

11.  Army Regulation 635-5, currently in effect, prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

	a.  item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

	b.  item 18, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession.

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)."

		(2)  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant completed 3 months and 12 days of foreign service in Southwest Asia.  Based on his departure from Southwest Asia by orders on 24 February 1991 and the duration of his foreign service on his DD Form 214, it appears he arrived at his deployed location on
12 November 1990.

2.  Based on the applicant's service in Southwest Asia, he is entitled to the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Kuwait.  Therefore, his DD Form 214 for the period ending 1 March 1991 should be corrected to show these foreign awards.

3.  Records further show he was awarded the Air Force Training Ribbon during his service in the USAFR and he qualified expert with the .45 caliber pistol in the INARNG.  Therefore, his DD Form 214 for the period ending 1 March 1991 should be corrected to show these awards.

4.  Records show the applicant served in Southwest Asia during the period
12 November 1990 to 24 February 1991.  Therefore, his DD Form 214 for the period ending 1 March 1991 should be corrected accordingly.

5.  In view of the foregoing, the applicant's DD Form 214 for the period ending
1 March 1991 should be corrected 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 that the evidence presented was 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.  deleting from item 18 of his DD Form 214 for the period ending 1 March 1991 the current entry;

	b.  adding to item 13 of his DD Form 214 for the period ending 1 March 1991 the:

* Southwest Asia Service Medal with 2 bronze service stars
* Air Force Training Ribbon
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

	b.  adding to item 18 of his DD Form 214 for the period ending 1 March 1991 the entries:

		(1)  "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM PER 10 USC SECTION 12301."

		(2)  "SERVICE IN SOUTHWEST ASIA FROM 19901112 - 19910224."

		(3)  "SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POST-SERVICE BENEFITS AND ENTITLEMENTS."



      __________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)                                         AR20120008066



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ABCMR Record of Proceedings (cont)                                         AR20120008066



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