IN THE CASE OF:	  

		BOARD DATE:	    21 August 2012

		DOCKET NUMBER:  AR20120010250 


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) for the period ending 30 December 1993 to show his deployment to Southwest Asia and award of the Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Humanitarian Service Medal, and Joint Meritorious Unit Award.

2.  The applicant states he was deployed to Operations Desert Shield/Desert Storm from 5 December 1990 to 22 May 1991, and his service and awards are not entered on his DD Form 214.  However, they are annotated in his military records.  He returned to active duty immediately after out-processing and never checked his DD Form 214 until he recently prepared for retirement.

3.  The applicant provides:

* DD Form 214
* Page 1 and 2 of his DA Form 2-1 (Personnel Qualification Record)
* DA Form 638-1 (Recommendation for Award (for Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 2 December 1991
* Enlisted Record Brief (ERB), dated 28 April 2012
* a self-authored letter to his mother, post-marked 11 January 1991


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 January 1990.  He completed training and he was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was assigned to the 84th Engineer Company, Bayreuth, Germany.  His last duty assignment for this period was Company C,
11th Engineer Battalion.  The highest rank/grade he attained was specialist (SPC)/E-4.

2.  On 30 December 1993, he was honorably released from active duty at the completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years, 11 months, and 28 days of creditable active service with no lost time.  The DD Form 214 he was issued at the time shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal
* Army Lapel Button
* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	b.  Item 18 (Remarks) no entry for deployed service.

3.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the period 1 January to 25 April 1991.

4.  After a brief period in the Individual Ready Reserve, the applicant enlisted in the Regular Army on 26 April 1994.  He completed training and was awarded MOS 88H (Cargo Specialist).  Upon completion of training, his ERB indicates he was assigned to the 567th Transportation Company (Terminal Service), Fort Eustis, VA and deployed with this unit to Haiti for the period 18 September through 30 November 1994.


5.  The applicant last reenlisted on 9 February 2008 for an indefinite period.  The continues to serve on active duty in the rank/grade of staff sergeant (SSG)/E-6.

6.  His record is void of evidence and he has not provided any evidence showing he was assigned to a unit awarded the Joint Meritorious Unit Award.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified.

	b.  The Southwest Asia Service Medal 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 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)

	c.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and 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.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and 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.

	e.  The Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within 


specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 of Army Regulation 600-8-22 shows that Operation Uphold Democracy (10 September 1994 through 31 March 1995 in Haiti) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

8.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Joint Meritorious Unit Award was authorized by the Secretary of Defense on
10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.  

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated 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.  It established standardized policy for the preparation of the DD Form 214.  It stated for:

* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18, there was no provision for entering any deployment data

10.  Army Regulation 635-5, currently in effect, states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter in item 18 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 30 December 1993, to show award of the Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Humanitarian Service Medal, and the Joint Meritorious Unit Award has been carefully considered and found to have partial merit.
2.  The evidence of record confirms the applicant served honorably on active duty during the period 3 January 1990 through 30 December 1993.  He was awarded an Army Achievement Medal and advanced to the rank/grade of SPC/E-4 during this period.  His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 3 January 1990 through 2 January 1993 and to correct his DD Form 214 to show this award.

3.  The evidence of record shows he served on active duty during a qualifying period for the Southwest Asia Service Medal.  Evidence also shows he participated in three campaigns while serving in Southwest Asia from 1 January to 25 April 1991.  Therefore, he is entitled the Southwest Asia Service Medal with three bronze service stars and correction of his DD Form 214 to show this award.

4.  The applicant served during a qualifying period for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Government of Kuwait.  Therefore, his DD Form 214 should be corrected to show these foreign awards.

5.  Evidence inidicates the applicant may have served a qualifying period of service for award of the Humanitarian Service Medal.  However, the applicant's period of service in Haiti is not within the parameters of his DD Form 214 for the period ending 30 December 1993.  Although this award should be annotated on his subsequent DD Form 214, there is no basis for adding this award to his DD Form 214 for the period ending 30 December 1993.

6.  The applicant's records do not show nor did he provide evidence that shows he was assigned to a unit that was awarded the Joint Meritorious Unit Award during the period 3 January 1990 through 30 December 1993.  Therefore, there is no basis for granting this portion of his request.

7.  Although there was no provision to note a Soldier's deployment on the DD Form 214, current standards allow such entries.  Therefore, there is no harm in adding to item 18 of the applicant's DD Form 214 for the period ending
30 December 1993 the statement "Service in Southwest Asia from 19910101 -19910425.


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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 January 1990 through 2 January 1993;

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	c.  adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910101 - 19910425."

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 adding to his DD Form 214 for the period ending 30 December 1993 the Humanitarian Service Medal and the Joint Meritorious Unit Award.



      _______ _   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)                                         AR20120010250



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ABCMR Record of Proceedings (cont)                                         AR20120010250



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