IN THE CASE OF:	  

		BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120022516 


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 the following corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Item 12f (Foreign Service) to show his total amount of foreign service
* Item 13 (Decorations, Medal, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) to show the Army Achievement Medal (2nd Award) and Bronze Star Medal 

2.  The applicant states he was stationed in Germany from May 1987 to May 1989 and the Persian Gulf from 17 December 1990 through 24 April 1991.  His DD Form 214 does not list his total amount of foreign service.  Also, he was awarded the Army Achievement Medal (2nd Award) and Bronze Star Medal.  He feels that he earned the medals and served overseas and wants this information to be shown.

3.  The applicant provides:

* Army Achievement Medal certificate
* DA Form 348 (Equipment Operator's Qualification Record (Except Aircraft))
* Permanent Orders (PO) Numbers 14-02, 24-03, and 086-015
* DA Form 348-1-R (Equipment Operator's Qualification Record (Except Aircraft))
* Orders Number 31-155
* DA Form 638-1 (Recommendation For Award (For Other Than Valor) of Army Achievement Medal, Army Achievement Medal, and Meritorious Service Medal)
* DD Form 214
* DD Form 215 (Correction to DD Form 214)

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 13 January 1987.  He completed training and was awarded military occupational specialty 62H (Concrete and Asphalt Equipment Operator).  

3.  He served in Germany from 16 May 1987 through 6 May 1989, a period of 1 year, 11 months, and 21 days.

4.  He provides copies of a certificate, orders, and a DA Form 638-1 showing he was awarded, assigned to, and recommended for the following:

* Army Achievement Medal, on 21 February 1988, for meritorious performance during the period 10 June 1987 to 24 November 1987
* Army Achievement Medal (2nd Award), on 30 March 1989, for meritorious service from 15 May 1987 through 6 May 1989
* 13th Engineer Company, effective 18 December 1990, in support of Operation Desert Shield, not to exceed 364 days
* Bronze Star Medal, on 27 March 1991, for meritorious achievement from 19 December 1990 through 1 April 1991
* Army Commendation Medal, on 24 June 1991, by PO Number 62-1

5.  He was honorably released from active duty in pay grade E-4 on 24 May 1991 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  
His DD Form 214 shows he completed 4 years, 4 months, and 12 days of active service and 1 year, 11 months, and 21 days of foreign service.  His DD Form 214 lists the:

* Army Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars
* Army Achievement Medal
* Overseas Service Ribbon
* Army Good Conduct Medal

6.  Item 9 (Awards and Decorations) of his DA Form 2-1 (Personnel Qualification Record – Part II)) lists the same awards as shown on his DD Form 214.

7.  The Persian Gulf War Roster shows those Soldiers who served in the Persian Gulf War (Desert Shield/Storm).  This list shows he served in the Southwest Asia from 18 December 1990 through 20 May 1991.

8.  Army Regulation 635-5 (Separation Document) governed the preparation of the DD Form 214.  The regulation stated:

	a.  Item 12f would list all foreign service credit performed during the period covered by the DD Form 214.  This regulation in effect at the time did not provide for listing service in name of country deployed and the inclusive dates.  However, the current regulation states that for an active duty Soldier deployed to a foreign country with his/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 block 18 (Remarks).

	b.  Item 13 would list awards and decorations for all periods of service.  

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

	a.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Army Commendation Medal and the Army Achievement Medal.

   
   
   
   
   b.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Southwest Asia and contiguous waters or airspace there over, 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 Operation Desert Storm between 17 January 1991 and 28 February 1991.

	d.  The Kuwait Liberation Medal-Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he was credited for service in Germany from 16 May 1987 through 6 May 1989, a period of 1 year, 11 months, and 21 days.  The evidence of record confirms he also served in Southwest Asia from 18 December 1990 through 20 May 1991, a period of 5 months and 13 days.  Therefore, Item 12f of his DD Form 214 should be corrected to show he completed a total of 2 years, 4 months, and 24 days of foreign service.  

2.  PO confirm he was awarded the Army Achievement Medal (2nd Award) and Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He provided a DA Form 638 which contained a PO number for award of the Army Commendation Medal.  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction to his DD Form 214 to show award of the Army Commendation Medal (1st Award).

4.  As a related item, his service in Southwest Asia entitles him to award of the Southwest Asia Service Medal.  Additionally, he participated in three campaigns during his service in Southwest Asia.  Therefore, the Southwest Asia Service Medal with three bronze service stars should be added to his DD Form 214.

5.  He also completed a qualifying period of service for the Kuwait Liberation Medal-Kuwait and Kuwait Liberation Medal-Saudi Arabia and is entitled to correction of his DD Form 214 to show these awards.

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 the applicant's DD Form 214 the current entry and replacing it with the entry "02-04-24"
* deleting from Item 13 of his DD Form 214 the Army Achievement Medal
* adding to his DD Form 214 the:

* Army Achievement Medal (2nd Award)
* Bronze Star Medal
* Army Commendation Medal
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia

* adding to Item 18 of his DD Form 214 the entry, "Service in Southwest Asia from 19901218 – 19910520"



      ___________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)                                         AR20120022516





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ABCMR Record of Proceedings (cont)                                         AR20120022516



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