IN THE CASE OF:  

		BOARD DATE:  23 January 2014

		DOCKET NUMBER:  AR20130009453


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service. 

2.  The applicant states her foreign service does not show on her DD Form 214.

3.  The applicant provides copies of:

* a letter of appreciation, dated 26 April 1991
* deployment orders, 1st page
* her 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.  The applicant enlisted in the Regular Army on 24 August 1990.  She held military occupational specialty (MOS) 88M (Motor Transport Operator).  

3.  Her name is listed on the Gulf War Roster showing she served in Saudi Arabia/Kuwait from 11 January to 30 April 1991 (3 months and 20 days). 

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

	a.  item 5 (Oversea Service) no entry;

	b.  item 9 (Awards, Decorations and Campaigns ) the:

* Army Service Ribbon
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  The applicant was honorably released from active duty (REFRAD) on 
23 August 1994 as a specialist (SPC)/E-4.  She had completed 4 years of net active duty service.

6.  Her DD Form 214 shows in:

	a.  item 12f (Foreign Service):  "00 00 00" (indicating no foreign service).

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

* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

	c.  item 18 (Remarks):  No entry showing deployment.

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.  

8.  She provides a copy of a letter of appreciation showing that between 
11 January and 26 April 1991 she performed her duties in an outstanding manner while participating in Operations Desert Shield/Storm.

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

	a.  The Army Good Conduct Medal 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.  Each 
3 years of continuous enlisted Federal military service completed on or after 
27 August 1940 qualifies for the award.

	b.  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 include the:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)

	c.  The Kuwait Liberation Medal (KLM-SA) awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and it is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.

	d.  The Kuwait Liberation Medal (KLM-KU) awarded by the Government of Kuwait was approved on 9 November 1995 and it 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.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states for
item 18 (Remarks) is to be used for Headquarters, Department of the Army, mandatory requirements when a separate block is not available and as a continuation for entries.  For an active duty Soldier deployed with her or her unit, an entry of "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is to be included.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records show she distinguished herself in the performance of his military service as evidenced by her attaining the rank of SPC and her honorable REFRAD.  Furthermore, there is no evidence of any misconduct or disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  It is presumed that she did not receive the Army Good Conduct Medal due to an oversight.  Accordingly, she should be awarded the Army Good Conduct Medal (1st Award). 

2.  She served during a qualifying period for award of the Southwest Asia Service Medal with 2 bronze service stars, the KLM-SA, and the KLM-KU.  

3.  These awards should be shown on her DD Form 214.

4.  Her name is listed on the Gulf War Roster showing she served in Saudi Arabia/Kuwait from 11 January to 30 April 1991 (3 months and 20 days).  Her DD Form 214 should be corrected to show this service.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  Awarding her the Army Good Conduct Medal (1st Award) for the period 
24 August 1990 through 23 August 1993;

	b.  Deleting the entry in item 12f of her DD Form 214 and replacing it with 
"00 03 20";

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

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal – Kuwait

	d.   adding to item 18 of her DD Form 214 "SERVICE IN SAUDI ARABIA/KUWAIT FROM 910111-910430."




      _______ _  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)                                         AR20110005669



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ABCMR Record of Proceedings (cont)                                         AR20130009453



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