IN THE CASE OF:	   

		BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130008842 


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 two awards of the Overseas Service Ribbon and the Armed Forces Expeditionary Medal.  

2.  The applicant states he served in Germany from 1981 to 1985, Korea from 1992 to 1993, and Southwest Asia during Operation Desert Storm from 1990 to 1991.  He also served in Panama during Operation Just Cause and he should receive the Armed Forces Expeditionary Medal.  His unit was also awarded the Joint Meritorious Unit Award for service in Panama.

3.  The applicant provides:

* DD Form 214
* Citation for award of the Joint Meritorious Unit Award
* Permanent change of station orders to a unit in Korea
* Two pages of his 4-page DA Form 2-1 (Personnel Qualification Record)

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 (RA) on 14 August 1981 and he held military occupational specialty 31F (Network Switching Systems Operator/Maintainer).  

3.  He served through multiple reenlistments in a variety of stateside and overseas assignments, including:

* Germany, from 6 March 1982 to 27 February 1985 (2 years, 11 months, and 22 days); he was credited with an overseas tour
* Southwest Asia, from 23 August 1990 to 23 March 1991 (7 months and 
1 day)
* Korea, from 23 March 1992 to 22 March 1993 (1 year); he was credited with an overseas tour

4.  He was discharged on 12 August 1998.  His DD Form 214 shows in:

* Item 12f  (Foreign Service), he completed 3 years, 11 months, and 
22 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the -

* Bronze Star Medal
* Army Commendation Medal (5th Award)
* Army Achievement Medal (4th Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge

Air Assault Badge

* Item 18 (Remarks), the entry "Service in Southwest Asia 19900823 - 19910323"

5.  Joint Staff Permanent Order Number J-1SO-0325-90, issued by the Joint Staff on 1 November 1990, awarded the Joint Meritorious Unit Award to Joint Task Force - South for meritorious achievement from 18 December 1989 to 18 January 1990 (1 month and 1 day) for superb performance during Operation Just Cause in Panama.  The orders list the applicant by name.

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Overseas Service Ribbon may be awarded to personnel who were credited with a normal overseas tour completion.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service).  Currently, Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status get credit for a complete short tour.  Saudi Arabia – at the time – was considered an isolated area where tour lengths had not been established by DOD; therefore, the Army gives equivalent credit for periods of change of station/tour of duty.

	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 Panama includes Operation Just Cause, 20 December 1989 to 31 January 1990.

	c.  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.

	d.  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.

	e.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

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.  It states for:

* item 12f, enter the total active duty service completed outside continental United States during the period covered by the DD Form 214
* item 13, enter all awards and decorations 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 was credited with two overseas tours, Germany and Korea.  Therefore, he is entitled to two awards of the Overseas Service Ribbon and correction of his DD Form 214 to show these awards.

2.  The applicant served in Panama from 18 December 1989 to 18 January 1990 during Operation Just Cause.  Therefore, he is entitled to award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.  Additionally, he is also entitled to correction of his DD Form 214 to show his deployment and foreign service. 

3.  The applicant served in Korea from 23 March 1992 to 22 March 1993, during a qualifying period of service for award of the Korea Defense Service Medal. Therefore, he is entitled to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

4.  The applicant served in Southwest Asia from 23 August 1990 to 23 March 1991.  He served a qualifying period for awards of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait).  His DD Form 214 listed the Kuwait Liberation Medal without identifying a country that awarded it.  Therefore, his DD Form 214 should be corrected to show both awards. 

5.  The applicant completed a total of 4 years, 7 months, and 24 days of foreign service consisting of 2 years, 11 months, and 22 days in Germany, 7 months and 1 day in Southwest Asia, 1 year in Korea, and 1 month and 1 day in Panama.  Item 12f of his DD Form 214 should be corrected to show the total foreign service he completed.  

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 amending his DD Form 214 by: 

* deleting from item 12f the entry "0003-11-22" and adding the entry    "0004-07-24"
* deleting from item 13 of his DD Form 214 the Overseas Service Ribbon and Kuwait Liberation Medal
* adding to item 13 the Overseas Service Ribbon (2nd Award), Armed Forces Expeditionary Medal (Panama), Korea Defense Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait) 
* adding to item 18 the entry "Service in Panama 19891218 - 19900118"




      _______ _   _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)                                         AR20130008842



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ABCMR Record of Proceedings (cont)                                         AR20130008842



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