IN THE CASE OF:  

		BOARD DATE:  18 July 2013

		DOCKET NUMBER:  AR20120022825 


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:

* foreign service from August to December 1996 in support of Operations Vigilant Sentinel and Desert Strike together with any associated awards
* award of the Army Commendation Medal

2.  The applicant states the omission prevents him from receiving additional benefits.

3.  The applicant provides his DD Form 214 and a DA Form 638 (Recommendation for Award).

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 28 May 1996 and he held military occupational specialty 12B (Combat Engineer).  He was assigned to the 8th Engineer Battalion, 1st Cavalry Division, Fort Hood, TX.

3.  He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 27 May 1999.  He completed 3 years of creditable active service with no lost time.  He was fully eligible to reenlist.  His DD Form 214 shows in:

* item 12f Foreign Service) – "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) –

* Army Lapel Button
* Joint Meritorious Unit Award
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

* item 18 (Remarks) – no service in support of any contingency operations and/or receipt of hazardous fire pay (HFP)/imminent danger pay (IDP)

4.  Permanent Order Number 9146-08, Headquarters, Engineer Brigade, 1st Cavalry Division, dated 19 May 1999, awarded him the Army Commendation Medal for service from 1 May 1997 to 1 April 1999.  Achievement Number 1 of the DA Form 638 he submitted shows, in part, "[Applicant] deployed to Kuwait in August 1996 to December 1996 with 2nd Platoon, A Company, 8th Engineer Battalion as a track driver.  He was also part of Operation Desert Strike in September 1996."

5.  An email from the Defense Finance and Accounting System, dated 8 March 2013, confirmed the applicant received HFP/IDP for service in Kuwait from 13 August 1996 to 11 December 1996.

6.  His records do not contain orders awarding him the Army Good Conduct Medal.  However, his records also do not contain any derogatory information in the form of nonjudicial punishment, lost time, court-martial, or suspension of favorable personnel actions.

7.  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 Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for Southwest Asia operations includes participation in Operation Southern Watch (1 December 1995-18 March 2003), Maritime Intercept Operation (1 December 1995-18 March 2003), Vigilant Sentinel (1 December 1995-15 February 1997), Operation Northern Watch (1 January 1997-18 March 2003), Operation Desert Thunder (11 November-22 December 1998), Operation Desert Fox (16-22 December 1998), and Operation Desert Spring (31 December 1998-18 March 2003).

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.

* item 13 shows all awards and decorations obtained from the Soldier's records
* item 12f shows the total amount of foreign service completed during the period covered by the DD Form 214 obtained from the Soldier's records
* item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 3 months and 29 days of foreign service in Kuwait from 13 August to 11 December 1996.  His DD Form 214 should be corrected to show this foreign service in item 12f and his deployment in item 18.

2.  The Armed Forces Expeditionary Medal is the appropriate award for Soldiers who supported certain operations during the time frame he served in Kuwait.  The DA Form 638 he provides states he was present in Kuwait from August to December 1996 and he was part of Operation Desert Strike in September 1996.  However, there is no evidence in his records showing he supported any of the operations that would have entitled him to award of the Armed Forces Expeditionary Medal for his service in Kuwait.

3.  The applicant served honorably during the period 28 May 1996 through 27 May 1999.  He attained the rank/grade of SPC/E-4 and he was fully eligible to reenlist at the time of his release from active duty.  Nothing in his records is negative.  As such, lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 May 1996 through 27 May 1999
* deleting the entry "0000  00  00" from item 12f of his DD Form 214 and replacing it with "0000  03  29"
* adding the Army Commendation Medal and Army Good Conduct Medal (1st Award) item 13 of his DD Form 214
* 
adding the entry "SERVICE IN KUWAIT FROM 19960813-19961211" 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)                                         AR20120022825



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ABCMR Record of Proceedings (cont)                                         AR20120022825



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