BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20130001391 


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 an Honorable Discharge Certificate and the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 January 1997:

	a.  Add the Army Achievement Medal and the Southwest Asia Service Medal.

	b.  Include his foreign service in Item 12f (Foreign Service).

2.  The applicant states he didn't clearly review his records when he was released from active duty.  He is being denied certain benefits because of missing information.

3.  The applicant provides:

* Headquarters, 7th Transportation Group, Fort Eustis, VA, Permanent Orders 91-69, dated 16 November 1994
* DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)), dated 6 January 1995
* 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.  On 14 January 1994, he enlisted in the Regular Army.  

3.  Headquarters, 7th Transportation Group, Fort Eustis, VA, Permanent Orders 91-69, dated 16 November 1994, show he was assigned to Task Force 11, effective 14 October 1994, for further assignment to Joint Task Force (JTF) -Kuwait, Southwest Asia.

4.  The DA Form 638-1 provided by the applicant shows he was recommended by his chain of command for the award of the Army Achievement Medal.  The 
DA Form 638-1 also shows Headquarters, 6th Transportation Battalion, Permanent Order Number 15-2 awarded him the Army Achievement Medal for the period 13 October to 1 November 1994 while deployed to Saudi Arabia.

5.  On 13 January 1997, he was released from active duty.  Item 12c (Net Active Service This Period) of his DD Form 214 shows he completed 3 years of active service.  Item 12f of his DD Form 214 contains the entry "0000 00 00" (zero years, months, and days).  His DD Form 214 does not show he was awarded the Army Achievement Medal or the Southwest Asia Service Medal.  There is no entry in Item 18 (Remarks) showing he was deployed to Saudi Arabia.

6.  U.S. Army Reserve Personnel Command (now know as U.S. Army Human Resources Command) Orders D-07-135568, dated 31 July 2001, honorably discharged the applicant from the U.S. Army Reserve effective 31 July 2001.  There is no evidence of his having been issued an Honorable Discharge Certificate.

7.  An email from the Defense Finance and Accounting Service (DFAS) states he was paid hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 14 October 1994 to 31 October 1994 for Saudi Arabia.

8.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal was awarded to eligible members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  To be eligible, a service member must meet one or more of the following criteria:

* Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations
* Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the areas designated above
* Be serving on TDY for 30 consecutive days or 
60 nonconsecutive days; these time limitations may be waived for people participating in actual combat operations

9.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Included in the approved campaigns for the Southwest Asia Service Medal is the Cease-Fire Campaign (12 April 1991 to 30 November 1995).

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  Foreign service performed during the period covered in Item 12c of the 
DD Form 214 will be entered in Item 12f.  

	b.  When an active duty Soldier is deployed with his unit during the period covered by the DD Form 214, an entry will be made in Item 18 to show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format.

DISCUSSION AND CONCLUSIONS:

1.  He was assigned to JTF - Kuwait, Southwest Asia and received HF/IDP and CZTE  from 14 October to 31 October 1994.  Therefore, he is authorized the Southwest Asia Service Medal with one bronze service star.

2.  The DA Form 638-1 he provided shows he was recommended for and awarded the Army Achievement Medal.  Therefore, this award should be added to his DD Form 214.

3.  Based on the dates he received HF/IDP and CZTE provided by DFAS there is sufficient evidence to show he had 18 days of foreign service during his period of active duty.  Therefore, item 12f should be corrected to read "0000 00 18."

4.  Item 18 should be amended to include the entry:  Saudi Arabia 19941014 - 19941031.

5.  Based on his discharge orders from the USAR, it would be appropriate to issue him an Honorable Discharge Certificate with an effective date of 31 July 2001.

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:

	a.  Amending his DD Form 214 with a separation date of 13 January 1997 as follows:

* change Item 12f to read "0000 00 18" 
* add the Army Achievement Medal and the Southwest Asia Service 	Medal
* amend Item 18 to include the entry:  "Saudi Arabia 19941014 - 	19941031"

	b.  Issuing him an Honorable Discharge Certificate with an effective date of 
31 July 2001.




      _______ _   _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)                                         AR20130001391



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ABCMR Record of Proceedings (cont)                                         AR20130001391



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