BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120012229 


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:

* the dates of his foreign service in Saudi Arabia from 21 June to 7 December 1995
* award of the Southwest Asia Service Medal

2.  The applicant states he was stationed at Fort Gordon, GA, with the 201st Military Intelligence Battalion and he held military occupational specialty (MOS) 98H (Morse Operator).  He faithfully served in Southwest Asia from 21 June to 7 December 1995 and it should be entered on his DD Form 214.  He believes it was an administrative oversight.

3.  The applicant provides his DD Form 214, a certificate, and two Standard Forms 600 (Chronological Record of Medical Care).

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 27 August 1993 and he held MOS 98H.  He was assigned to Company A, 201st MI Battalion, Fort Gordon.

3.  He was honorably released from active duty on 26 August 1997 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 4 years of net active service this period.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the:

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000  00  00."  Item 18 (Remarks) of this form does reflect any deployment to a foreign country.

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Saudi Arabia from 21 June to 8 December 1995 (4 months and 20 days).

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

	a.  Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.

	b.  National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.


	c.  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.  A review of the applicant's record reveals that during his service in Saudi Arabia, he participated in the Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) campaign.

8.  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 for:

* Item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed to a foreign country, enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Saudi Arabia from 21 June to 8 December 1995.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

2.  He served during a qualifying period for award of the Army Service Ribbon and the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show these service awards.

3.  He served in Saudi Arabia and participated in one campaign during a qualifying period for award of the Southwest Asia Service Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

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:

* deleting from item 12f of his DD Form 214 the current entry and replacing with the entry "0000  04  20
* adding to item 13 of his DD Form 214 the:

* Army Service Ribbon
* National Defense Service Medal 
* Southwest Asia Service Medal with one bronze service star

* adding to item 30 of his DD Form 214 the entry "SERVICE IN SAUDI ARABIA FROM 19950621-19951208"



      _________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)                                         AR20120012229



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ABCMR Record of Proceedings (cont)                                         AR20120012229



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