BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130015102 


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 for Active Duty) for the period ending on 7 November 1993 to add his foreign service in Southwest Asia.

2.  The applicant states that item 18 (Remarks) of his DD Form 214 does not list his service in support of the Gulf War.  He served in Saudi-Arabia and Iraq from 
4 December 1990 to 23 April 1991

3.  The applicant provides:

* Certificate of Achievement, dated 31 May 1991
* Memorandum, dated 4 February 1992
* Certificate of Commendation, undated
* DD Form 214 for the period ending on 31 March 1989
* DD Form 214 for the period ending on 7 November 1993 

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.  After having had previous enlisted service, the applicant enlisted in the Regular Army on 8 November 1989 and held military occupational specialty 31K (Combat Signaler).  He served in Germany from 19 November 1989 to 
5 February 1992.

3.  His name is shown on the Gulf War roster as having served in Southwest Asia from 1 January 1991 to 23 April 1991.

4   He provided a certificate of achievement for his participation in Operation Desert Storm, issued by the 2nd Armored Cavalry Regiment, on 31 May 1991.

5.  He provided a memorandum issued by the adjutant of Headquarters, 2nd Squadron, 2nd Armored Cavalry Regiment, Germany, on 4 February 1992.  This memorandum was issued as an "Operation Desert Storm Tour Verification" and shows he was assigned to Headquarters and Headquarters Troop, 2nd Squadron, 2nd Armored Cavalry Regiment, Germany and participated in Operation Desert Shield/Storm from 4 December 1990 to 23 April 1991.  This memorandum further states his record would be annotated with the permanent entry "Duty in Imminent Danger Pay Area Southwest Asia (Inclusive Dates)."

6.  He was honorably released from active duty on 7 November 1993.  There is no derogatory information in his records.  His DD Form 214 shows he completed 4 years of net active service, of which 2 years, 2 months, and 17 days was credited as foreign service.  Item 18 of his DD Form 214 does not contain any remarks referring to his service in Southwest Asia.  Additionally, he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal (3rd Award)
* Overseas Service Ribbon
* Expert Marksmanship Qualification Madge with Rifle Bar (M-16)
* Army Lapel Button


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.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, 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 campaigns are:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 - 30 November 1995)

	b.  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.

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



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Southwest Asia from 4 December 1990 to 23 April 1991.  Therefore, he is entitled to correction of his DD Form 214 to show this service.  

2.  As a related issue, based on his service in Southwest Asia he served during a qualifying period for award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).  Additionally, he participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on the Southwest Asia Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He served honorably on active duty in the Regular Army from on 8 November 1989 through 7 November 1993.  He completed 4 years of creditable active service and was honorably released from active duty.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying active Army service from 8 November 1989  to 
7 November 1992  and correcting his DD Form 214 to show this award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
8 November 1989 to 7 November 1992
* adding to item 13 of his DD Form 214 the:

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

* adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901204 - 19920423"



      _______ _ 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)                                         AR20130015102





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ABCMR Record of Proceedings (cont)                                         AR20130015102



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