IN THE CASE OF: 

		BOARD DATE:  28 May 2013

		DOCKET NUMBER:  AR20120019840 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

	a.  certificates of achievement; 

	b.  the Army Achievement Medal (AAM); and 

	c.  her deployment in Southwest Asia in support of Operation Desert Shield/Desert Storm and any awards and decorations to which she may be entitled for this service.

2.  The applicant states:

* she has a number of certificates of achievement she would like added to her DD Form 214
* she was in Saudi Arabia during Operation Desert Shield/Desert Storm
* she should have received awards dealing with that war
* she would like her dates of service in Saudi Arabia reflected on her 
      DD Form 214  

3.  The applicant provides:

* AAM award certificate
* Two certificates of achievement

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 26 February 1988.  She completed her training and was awarded military occupational specialty 95B (military police).  On 25 June 1992, she was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve) to complete her remaining service obligation. 

3.  Her DD Form 214 shows she was authorized the:

* Army Good Conduct Medal 
* National Defense Service Medal
* Army Service Ribbon

-[4.  Item 12f (Foreign Service) shows she had 2 years of foreign service.  Item 
18 (Remarks) of her DD Form 214 does not show any deployments.

5.  Her DA Form 2-1 (Personnel Qualification Record) shows she served in Germany from 14 July 1988 to 13 July 1990, a total of 2 years.

6.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  The primary Operations Desert Shield/
Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base shows the applicant served in Southwest Asia from 1 October 1990 to 17 April 1991, a total of 6 months and 17 days.

7.  There are no orders for the AAM in the available records.  Item 9 (Awards, Decorations and Campaigns) of her DA Form 2-1 does not show entitlement to the AAM.  However, she provides an award certificate, dated 1 July 1990, for the AAM for meritorious service during the period 24 July 1988 to 13 July 1990. 
8.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/ Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991)
* Southwest Asia Cease-Fire (12 April 1991 to 30 October 1995)

9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

10.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

11.  Army Regulation 600-8-22 states the AAM is awarded to members 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.

12.  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.  The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

13.  Army Regulation 635-5 states certificates of achievement, letters of appreciation, and similar documents are not listed on the DD Form 214.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add certificates of achievement to her DD Form 214 was noted.  However, the governing regulation states certificates of achievement are not listed on the DD Form 214.   

2.  There are no orders for the AAM in the available records.  In the absence of orders for the AAM, the award certificate provided by the applicant is not sufficient as a basis for adding the AAM to her DD Form 214.  

3.  The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of her DD Form 214 to show her dates of service in Southwest Asia.  Therefore, item 18 of this DD Form 214 should be corrected to show she served in Southwest Asia from 1 October 1990 to 17 April 1991, a total of 6 months and 17 days.  In addition, item 12f of her DD Form 214 should be corrected to show an additional 6 months and 17 days of foreign service.

4.  Based on her service in Southwest Asia, she is authorized the SWASM with three bronze service stars, KLM-SA, and the KLM-KU.  Therefore, her DD Form 214 should be corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that the applicant’s DD Form 214 should be corrected to add the AAM.  Although award orders are not available the AAM was given for the period 14 July 1988 to 13 July 1990, indicating it was given as an end of her 2-year-tour- in-Germany award.  An AAM would be a typical end-of-tour award for a junior enlisted Soldier.

2.  Therefore, 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.  adding the following awards to her DD Form 214:

* Army Achievement Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait

	b.  deleting the entry in item 12f of her DD Form 214 and replacing it with the entry "02 06 17;" and 

   c.  adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910417."

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 certificates of achievement to her 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.







SAMR-RB									11 June 2013


MEMORANDUM FOR US ARMY REVIEW BOARDS AGENCY, CASE MANAGEMENT DIVISION 251 18TH STREET SOUTH, SUITE 385, ARLINGTON, VA  22202-3531


SUBJECT:  Army Board for Correction of Military Records Record of Proceedings
for AR20120019840


1.  Reference the attached Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 28 May 2013, in which the Board unanimously recommended to grant partial relief by:

      a.  adding the Army Achievement Medal, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal – Saudi Arabia, and Kuwait Liberation Medal - Kuwait to the applicant's DD Form 214;
      
      b.  deleting the entry in item 12f of her DD Form 214 and replacing it with the entry "02  06  17; and
      
      c.  adding to item 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910417." 

2.  The ABCMR staff had recommended that the applicant's request to add the Army Achievement Medal to her DD Form 214 be denied.  However, the Board determined:

      a.  although award orders were not available, the Army Achievement Medal was given for the period 14 July 1988 to 13 July 1990, indicating it was given as an end of her 2-year-tour-in-Germany award. 
      
      b.  an Army Achievement Medal would be a typical end-of-tour award for a junior enlisted Soldier.

3.  After reviewing the case and the evidence provided by the applicant, I agree with the ABCMR’s reasoning.  Therefore, under the authority of Title 10, U.S. Code, section 1552, the recommendation of the ABCMR is hereby approved and I direct that all the Department of the Army records of the individual concerned be corrected as shown under Board Determination/Recommendation in the Record of Proceedings in the subject case enclosed.





SUBJECT:  Army Board for Correction of Military Records Record of Proceedings
for, AR20120019840


4.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 4 October 2013.  Further, request that the individual 
concerned and counsel, if any, as well as any Members of Congress who have shown 
interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:




Encl						     
						     Deputy Assistant Secretary
						     (Army Review Boards)

CF: 
(X)AMHRR