IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130005339 


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 overseas service and awards.

2.  The applicant states he served overseas and received several awards, but the entries are not recorded on his DD Form 214.

3.  The applicant provides copies of three award certificates, two certificates of achievement, Cold War Recognition Certificate criteria, and his 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.  Cold War Certificate Program information from the U.S. Army Human Resources Command, Military Awards Branch webpage that shows the Cold War era is defined as 2 September 1945 to 26 December 1991.  It also shows that it is the only official site on which to request Cold War Recognition Certificates. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings and is not recorded on the DD Form 214.

3.  The applicant enlisted in the Regular Army on 16 September 1988 for a period of 3 years.  He was awarded military occupational specialty 88H (Cargo Specialist).  He attained the rank of specialist (SPC)/pay grade E-4 on 
1 December 1989.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) that he served in Saudi Arabia - Operation Desert Shield (ODS) from 24 August 1990 through 9 November 1990.

5.  The applicant's DD Form 214 shows he was honorably discharged from active duty on 9 May 1991 based on physical disability with severance pay.  He had completed 2 years, 7 months, and 24 days of net active service.  It also shows in: 

   a.  item 12 (Record of Service), block f (Foreign Service):  0 years, 2 months, and 16 days;

   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* National Defense Service Medal

   c.  item 18 (Remarks) does not show that he deployed with his unit overseas.

6.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Southwest Asia Service Medal (SWASM) or the Kuwait Liberation Medal (Kuwait).

7.  A further review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (AGCM).  This review also failed to reveal any evidence that he was recommended by his commander for the AGCM or that he was awarded the AGCM.

8.  In support of his request, the applicant provides the following documents:

   a.  DA Form 4980-18 (Army Achievement Medal Certificate), dated 19 July 1989, that shows the Commander, 567th Transportation Company (Terminal Support), awarded the applicant the Army Achievement Medal (AAM) for meritorious achievement during the period 3 April to 23 April 1989 while deployed to San Lorenzo, Republic of Honduras in support of AHAUS TARA.
   
   b.  DA Form 4980-18, dated 5 February 1990, that shows the Acting Commander, 567th Transportation Company (Terminal Support), awarded the applicant the AAM for meritorious achievement during the period 14 October to 28 November 1989 while serving in the Republic of Egypt during Bright Star '90.

   c.  DA Form 4980-18, dated 5 February 1990, that shows the Acting Commander, 567th Transportation Company (Terminal Support), awarded the applicant the AAM for meritorious achievement while assigned to the Fort Eustis Grass Cutting Detail during the Army Community of Excellence Inspection.

   d.  24th Transportation Battalion (Terminal), Certificate of Achievement, dated 17 May 1990, that shows the commander recognized the applicant for his outstanding performance of duty during the period 12 January to 20 January 1990 while deployed to Fuertes Caminos '90 in the Republic of Honduras.

   e.  U.S. Army Transportation Center, Fort Eustis, VA, Certificate of Achievement, undated, that shows the applicant was recognized for his outstanding performance as a coach for the 1991 Fort Eustis Youth Services Basketball Season.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The AAM is awarded to members of the Armed Forces of the United States, who, while serving on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  The SWASM is awarded to members of the Armed Forces of the United States who participated in ODS in the designated area on or after 2 August 1990 to 30 November 1995.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Persian Gulf War campaigns and it shows that during the applicant's tour in Southwest Asia (SWA) he participated in the Defense of Saudi Arabia (2 August 1990 - 16 January 1991) campaign.

	c.  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.

	d.  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 the Persian Gulf War between 17 January 1991 and 28 February 1991.

	e.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.   For first award only, upon termination of service on or after 27 June 1950, continuous enlisted active Federal military service of less than 3 years, but more than 1 year qualifies for award.

   f.  The Certificate of Achievement is issued to recognize periods of faithful service, acts or achievements which do not meet the standards required for individual decorations.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

		(2)  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 contends that his DD Form 214 should be corrected to show his overseas service in SWA in support of ODS and all of his awards.

2.  The applicant provides three AAM certificates that the Commander, 
567th Transportation Company (Terminal Support) issued to him for his meritorious achievement during various periods.  However, there is no evidence of record that shows the awards were announced in orders.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show the awards.

3.  The evidence of record shows that certificates of achievement are not awards.  Therefore, they are not recorded in item 13 of the DD Form 214.

4.  Records show the applicant served in Saudi Arabia in support of ODS from 
24 August to 9 November 1990.  Item 12, block f, of his DD Form 214 shows he was credited with 2 months and 16 days of foreign service; however, this service is not recorded in item 18 of his DD Form 214.  Thus, it would be appropriate to correct item 18 of his DD Form 214 to show he served in SWA during the above cited period.

5.  The evidence of record shows the applicant qualified for award of the SWASM and that he served in one campaign during his service in SWA.  Thus, he is entitled to award of the SWASM with one bronze service star.
   
6.  The evidence of record also shows the applicant qualified for award of the Kuwait Liberation Medal (Kuwait).  (He did not qualify for award of the Kuwait Liberation Medal (Saudi Arabia).)

7.  The applicant served a period of continuous honorable active duty enlisted service from 16 September 1988 through 9 May 1991.

   a.  He served overseas in Saudi Arabia, Honduras, and Egypt.
   b.  He was promoted to SPC (E-4) with less than 15 months of active service.

   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

   d.  Despite the absence of the unit commander's recommendation for award of the AGCM (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant the AGCM (1st Award) for the period 16 September 1988 to 9 May 1991.

8.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x ___  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 the applicant the Army Good Conduct Medal (1st Award) for the period 16 September 1988 through 9 May 1991 (Standard Name Line:  SPC  U.S. Army Medical Department Activity, Medical Holding Detachment, Fort Eustis, VA  23604-5565);

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

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with 1 bronze service star
* Kuwait Liberation Medal (Kuwait)

	c.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA (SAUDIA ARABIA) FROM 19900824-19901109."

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 any other individual awards or certificates.




      _______ _   _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)                                         AR20130005339



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ABCMR Record of Proceedings (cont)                                         AR20130005339



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