IN THE CASE OF:	  

		BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130001803 


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 properly reflect his temporary assignment with the 24th Infantry Division while he was serving his country in Iraq during Operation Desert Storm from 24 February to 1 March 1991.

2.  He states, in effect, although he served with the 24th Infantry Division in Iraq, it is not reflected on his DD Form 214.  He is attempting to apply for treatment for Post-Traumatic Stress Disorder through the Department of Veterans Affairs and he wants his records to be accurate.

3.  The applicant provides:

* DD Form 214
* DD Form 256A (Honorable Discharge Certificate)
* Copies of three envelopes mailed to him while he was deployed to Iraq

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 August 1986.

3.  189th Personnel Service Company, Orders 320-13, dated 22 December 1989, show the applicant was reassigned on a permanent change of station from 5th Maintenance Company in Germany to Headquarters and Headquarters Company, 197th Infantry Brigade at Fort Benning, GA with a reporting date of 30 April 1990.  He was further assigned within the brigade to the 197th Combat Support Battalion.

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  item 5 (Overseas Service), he served in Germany from 28 March 1987 through 27 March 1990, a period of 3 years.  He also served in Saudi Arabia from 3 September 1990 through 9 March 1991, a period of 6 months and 7 days.
These tours resulted in a combined total of 3 years, 6 months, and 7 days foreign service.

	b.  item 9 (Awards, Decorations and Campaigns), he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) (3 October 1986)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar (16 October 1986)

	c.  item 18 (Appointments and Reductions), he ascended through the enlisted ranks from private/E-1 to specialist four (SP4)/E-4 with no reductions in grade.

5.  On 27 May 1991, he was honorably released from active duty upon the expiration of his term of service after completing 4 years and 9 months of active service.  The DD Form 214 he was issued shows in:

	a.  item 12f (Foreign Service), he completed a total of 3 years, 6 months, and 7 days of foreign service.

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal 
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

	c.  item 18 (Remarks), he served in Southwest Asia from 3 September 1990 to 9 March 1991.

	d.  item 29 (Dates of Time Lost During This Period), "NONE."

6.  A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are also no entries in his military record to indicate his commanders denied him the first award of the Army Good Conduct Medal.

7.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The Desert Shield/Storm Data Base indicates the applicant served in Southwest Asia from 1 September 1990 through 10 April 1991.

8.  A review of the unit history for the 197th Infantry Brigade shows it was a stand alone heavy brigade, which during the Gulf War (Desert Storm) was attached to the 24th Infantry Division out of Fort Stewart, GA as their third brigade.  The 197th Combat Support Battalion was part of the brigade's composition during Operation Desert Storm.  The brigade was awarded campaign participation credit for the following campaigns in Southwest Asia:

* Defense of Saudi Arabia
* Liberation and Defense of Kuwait

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, 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 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)

	b.  the Kuwait Liberation Medal - Saudi Arabia 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.

	c.  the Kuwait Liberation Medal - Kuwait 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.

	d.  the Overseas Service Ribbon is awarded for successful completion of overseas tours.  

	e.  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 active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

10.  Army Regulation 614-30 (Overseas Service) shows the standard tour lengths for Germany as 36 months for accompanied tours and 24 months for unaccompanied tours.

11.  Army Regulation 635-5 (Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Do not use abbreviations.  There is no provision for annotating specific units with which a Soldier served temporary duty or durations of this temporary duty.

12.  The U.S. Army replaced the M-14 rifle with the M-16 in 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to properly reflect his foreign service with the 24th Infantry Division while deployed in support of Operation Desert Storm was carefully considered and determined to have partial merit.

2.  Records show he served overseas in Germany and Southwest Asia for a combined total of 3 years, 6 months and 7 days which is properly reflected in item 12f of his DD Form 214.  There is no provision for annotating specific units with which a Soldier served temporary duty or durations of this temporary duty on the DD Form 214.

3.  Records show he served a qualifying period of service for entitlement to the Southwest Asia Service Medal as evidenced by item 18 of his DD Form 214, DA Form 2-1 and the DMDC compiled Desert Shield/Storm Data Base.  He served in Southwest Asia from 3 September 1990 to 9 March 1991, which encompasses two designated campaigns.  Therefore, his DD Form 214 should be corrected to show the Southwest Asia Service Medal with two bronze service stars.

4.  This period of foreign service also qualified him for entitlement to the Kuwait Liberation Medal – Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, his DD Form 214 should be corrected to show these foreign awards.

5.  Records further show he served a qualifying period of service in Germany for entitlement to the Overseas Service Ribbon.  Therefore, his DD Form 214 should be corrected to show this service ribbon.

6.  The U.S. Army replaced the M-14 rifle with the M-16 in 1970.  His DD Form 214 erroneously indicates he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) when, in fact, he actually qualified with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  The evidence of record confirms the applicant served honorably on active duty during the period 28 August 1986 through 27 May 1991.  He was advanced to the rank/grade of SP4/E-4 during this period.  His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 28 August 1986 through 27 August 1989 and to correct his DD Form 214 to show this award.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
28 August 1986 through 27 August 1989;

	b.  deleting the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) from item 13 of his DD Form 214;

	c.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Kuwait
* Overseas Service Ribbon
* the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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 correcting his DD Form 214 



to specifically show he served on temporary on duty with the 24th Infantry Division in Iraq from 24 February to 1 March 1991.  



      _______ _   _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)                                         AR20130001803





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ABCMR Record of Proceedings (cont)                                         AR20130001803



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