BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120021410 


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 his service in Southwest Asia.

2.  The applicant states:

* he deployed to Southwest Asia in support of Operation Desert Storm, but there is no record of his deployment
* he served with Company C, 1st Battalion, 15th Infantry, that deployed on 13 February 1991
* he was young at the time and did not pay attention to what was listed on his DD Form 214

3.  The applicant provides:

* DD Form 214
* Orders 1-19, dated 17 January 1991
* letter from the National Personnel Records Center
* DA Form 2-1 (Personnel Qualification Record – Part II)

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's records show he enlisted in the Regular Army on 29 August 1990 and he held military occupational specialty 11M (Fighting Vehicle Infantryman).

3.  He served through a reenlistment in a variety of stateside or overseas assignments and he attained the rank/grade of sergeant/E-5.  His DA Form 2-1 shows in:

* item 5 (Oversea Service) – he served in Germany from 24 December 1990 to 23 December 1992 and in Korea from 24 July 1995 to 23 July 1996
* item 27 (Remarks) – he served in Southwest Asia from 13 February to 15 March 1991

4.  He submitted Orders 1-19 issued by Headquarters, 2d Brigade, 3d Infantry Division, Germany, dated 17 January 1991, ordering him and other Soldiers to deploy with Company C, 1st Battalion, 15th Infantry, to Southwest Asia in support of Operation Desert Storm beginning on or about 13 February 1991.

5.  He was honorably released from active duty on 13 July 1997.  He completed 6 years, 10 months, and 15 days of creditable active service with no lost time.  His DD Form 214 shows in:

* item 12f (Foreign Service) – completion of 3 years of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) –

* Army Commendation Medal (3rd Award)
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal
* Army Lapel Button
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Overseas Service Ribbon (2nd Award)
* 
Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

* item 18 (Remarks) – no entry for service in Southwest Asia

6.  His name is not shown on the Gulf War Roster.

7.  His records contain Permanent Orders 145-00048 issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, awarding him the Army Good Conduct Medal (1st Award) for the period 29 August 1990 through 28 August 1993.

8.  His records do not contain orders awarding him a second Army Good Conduct Medal.  However, a review of his service record shows no derogatory information that would disqualify him from being recommended for and awarded the Army Good Conduct Medal (2nd Award).

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

	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 Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

	c.  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 campaigns are:

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

	d.  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.

	e.  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.

10.  Army Regulation 635-5 (Separation Documents) states that for an active duty Soldier deployed to a foreign country 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1 clearly shows he served in Southwest Asia from 13 February to 15 March 1991, a period of 1 month and 2 days.  Therefore, his DD Form 214 should be corrected to show this service.

2.  His service in Southwest Asia during one campaign qualifies him for award of the Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He served in Korea from July 1995 to July 1996.  By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

4.  He served honorably on active duty in the Regular Army from 29 August 1990 through 13 July 1997.  He completed 6 years, 10 months, and 13 days of creditable active service and his service was terminated by completion of his required service.  He received the Army Good Conduct Medal (1st Award) for the period 29 August 1990 to 28 August 1993.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (2nd Award) based on completion of a qualifying period of active Army service from 29 August 1993 to 28 August 1996 and correcting his DD Form 214 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 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:

* awarding him the Army Good Conduct Medal (2nd Award) for the period 29 August 1993 through 28 August 1996
* deleting the Army Good Conduct Medal from item 13 of his DD Form 214
* adding the following awards to item 13 of his DD Form 214 –

* Army Good Conduct Medal (2nd Award)
* Southwest Asia Service Medal with one bronze service star
* Korea Defense Service Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

* adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910213-19910315" to item 18 of his 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.

ABCMR Record of Proceedings (cont)                                         AR20120021410



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ABCMR Record of Proceedings (cont)                                         AR20120021410



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