IN THE CASE OF:	

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016654 


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 award of the National Defense Service Medal (NDSM) and his last Army Commendation Medal (ARCOM), as well as any other awards to which he is entitled.

2.  The applicant states his award of the NDSM and his last ARCOM were not included on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, Military Personnel Message 02-150, and a unit history of the 11th Air Defense Artillery Brigade.

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 January 1987 for a period of 3 years and training as a tactical satellite microwave systems operator.  He completed basic training at Fort Jackson, South Carolina, and advanced individual training at Fort Gordon, Georgia.  He remained on active duty through a series of continuous reenlistments.

3.  He deployed to Southwest Asia (SWA) during the period 23 March through 2 August 1993 and he served in Korea during the period 15 April through 6 October 1994.  He was promoted to pay grade E-6 on 1 April 1997.

4.  On 1 November 1998, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-5a, by reason of non-retention on active duty.  He completed 11 years, 9 months and 4 days of active duty service.

5.  His DD Form 214 shows he was awarded or authorized the ARCOM (3rd Award), Army Achievement Medal (5th Award), Meritorious Unit Commendation, Army Good Conduct Medal (3rd Award), Southwest Asia Service Medal with one bronze service star, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon (2nd Award), and the Air Assault Badge.  His DD Form 214 does not reflect his deployment to SWA.

6.  A review of his official records shows he was awarded three ARCOM's in Permanent Orders Numbers 031-090, 88-8, and 141-05.

7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who 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.

8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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.

9.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and provided that for item 18 (Remarks) for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, to enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during qualifying periods for award of the NDSM, KDSM, and KLM-KU and is entitled to have those awards added to his DD Form 214.

2.  The applicant deployed to SWA during the period 23 March through 2 August 1993 and he is entitled to have that deployment added to his DD Form 214.

3.  However, a review of his records shows he only received three awards of the ARCOM, which are correctly reflected on his DD Form 214.  In the absence of evidence to the contrary, there appears to be no basis to add an additional award of the ARCOM to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* adding award of the NDSM, KDSM, and KLM-KU to his DD Form 214
* adding the entry "SERVICE IN SWA FROM 19930323-19930802" to item 18 of his DD Form 214

2.  The Board further determined 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 adding an additional award of the ARCOM to his DD Form 214.



      _____________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)                                         AR20130016654



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ABCMR Record of Proceedings (cont)                                         AR20130016654



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