IN THE CASE OF:	  

		BOARD DATE:	    6 August 2013

		DOCKET NUMBER:  AR20130000340 


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) as follows:

* item 12f (Foreign Service) to show credit for his service in Southwest Asia 
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to show the Southwest Asia Service Medal
* item 18 (Remarks) to show his combat service in Southwest Asia

2.  The applicant states these activities were not recorded on his DD Form 214 for his deployment in October 1992 for Operation Intrinsic Action.

3.  The applicant provides:

* DD Form 214
* Leave and Earnings Statements (LES) August through November 1992
* Task Organization memorandum
* Manifest Report
* Military Message related to the Shoulder Sleeve Insignia - Former wartime Service
* Certificate of service with Joint Task Force - Kuwait

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.  Having had prior enlisted service in the Army National Guard (ARNG), the applicant enlisted in the Regular Army on 25 April 1985 and he held military occupational specialties 13F (Fire Support Specialist) and 31C (Single Channel Radio Operator). 

3.  He served through a reenlistment, in a variety of stateside or overseas assignments, including a total of 4 years, 8 months, and 5 days of foreign service as follows: 

* Germany, 18 August 1985 to 18 February 1988; 2 years, 6 months, and   1 day
* Germany, from 22 August 1989 to 25 October 1991; 2 years, 2 months, and 4 days

4.  He was assigned to the 1st Battalion, 82nd Field Artillery, Fort Hood, TX, in or around December 1991.  He was honorably discharged on 20 August 1993.  His DD Form 214 shows in:

* item 12f - "04-08-05"
* Item 13 - the:

* Army Achievement Medal with 2 oak leaf clusters
* Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2)
* Driver and Mechanic Badge with Driver - Wheel Clasp
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

* Item 18 (Remarks) - no entry related to service in Southwest Asia 

5.  He provided:

	a.  LES from 1 August 1992 through 30 November 1992.  The LES show he received hazardous fire/imminent danger pay (HF/IDP) at the rate of $150.00 per month for August, September, and October 1992.  The exact beginning and ending dates are not listed. 

	b.  A Task Organization memorandum, dated 2 October 1992, that states effective 1 August 1992, all U.S. Army units deployed to the Central Command Area of Responsibility in support of Intrinsic Action Exercises and Operation Southern Watch are attached to the Army Task Force - Kuwait. 

	c.  An undated Manifest Report, confirming a group of Soldiers - the applicant included - were to depart Kuwait on 22 October 1992 and arrive back in Texas on 23 October 1992. 

	d.  A certificate of service with Joint Task Force - Kuwait, dated 4 October 1992, confirming his service in Kuwait as a guardian of freedom. 

6.  His name is shown on the Gulf War Roster as having received HF/IDP for service in Kuwait from 1 August 1992 through 31 October 1992. 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 states for:

* item 12f, enter the total enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence
* item 18, under current standards, 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  YYYYMMDD - YYYYMMDD)"

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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 the Defense of Saudi Arabia (2 August 1990 - 16 January 1991), Liberation and Defense of Kuwait (17 January - 11 April 1991), and Cease-Fire Campaign (12 April 1991 - 30 November 1995).

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Kuwait from an unknown date in August 1992 to 21 October 1992.  Although he received HF/IDP for the month of August, Soldiers were authorized FH/IDP for the whole month regardless of the date they arrived in theater.  

2.  The absence of his exact date of arrival in Kuwait makes it problematic to determine his foreign and/or combat service.  In the absence of additional documentary evidence, such as a manifest report, temporary change of station orders, and/or travel vouchers confirming his exact date of arrival in Kuwait, there is insufficient evidence to add his foreign/combat service at this time. 

3.  Although his exact dates are unknown, the fact remains that he received HF/IDP from August through October 1992.  Based on this period of service, he is entitled to award of the Southwest Asia Service Medal with one bronze service star to designate his participation of one campaign, and the Kuwait Liberation Medal (Kuwait).  He is entitled to correction of his DD Form 214 to show these awards. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 adding to his DD Form 214 for the period ending 20 August 1993 the Southwest Asia Service Medal with one bronze service star and Kuwait Liberation Medal (Kuwait).

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 his foreign and/or combat service to items 12f and 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)                                         AR20130000340





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ABCMR Record of Proceedings (cont)                                         AR20130000340



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