IN THE CASE OF:	  

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130017037 


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, Armed Forces Expeditionary Medal, and any other awards to which he may be entitled.

2.  The applicant states he served in the Persian Gulf from 13 December 1990 through the date he was medically evacuated on 13 January 1991.

3.  The applicant provides a memorandum from his former company commander.

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 29 May 1980.

3.  He was honorably released from active duty on 31 July 1992.  His DD Form 214 does not show award of the National Defense Service Medal or Armed Forces Expeditionary Medal.  Item 18 (Remarks) does not show deployed service.

4.  His name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center (DMDC).  The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  The database shows he was deployed to Southwest Asia from 1 October 1990 through 15 January 1991.

5.  The applicant provides a memorandum for record from the Commander, 229th Supply Company, dated 24 September 1991, who certifies the applicant's tour of duty in Southwest Asia in support of Operations Desert Shield/Desert Storm from 13 December 1990 to 15 January 1991.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal 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.

	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 are:

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

	c.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and was 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 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 Southwest Asia operations includes participation in Operation Southern Watch (1 December 1995 to 18 March 2003), Maritime Intercept Operation (1 December 1995 to 18 March 2003), Vigilant Sentinel (1 December 1995 to 15 February 1997), Operation Northern Watch (1 January 1997 to 18 March 2003), Operation Desert Thunder (11 November 1998 to 22 December 1998), Operation Desert Fox (16 December 1998 to 22 December 1998), and Operation Desert Spring (31 December 1998 to 18 March 2003).  The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved.

7.  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 stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contained item-by-item instructions for preparation of the DD Form 214 and specified to:

	a.  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations; and

	b.  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)" in the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name appears in the DMDC Operations Desert Shield/Desert Storm Database.  This database shows he was deployed to Southwest Asia from 1 October 1990 through 15 January 1991.  However, the applicant's commander indicates the applicant was deployed from 13 December 1990 to 15 January 1991.  While it is difficult to pin down the exact dates the applicant served in Southwest Asia, there is sufficient evidence to support his contention that he served in Southwest Asia for the period he requests.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in Southwest Asia during the period 13 December 1990 through 15 January 1991.

2.  The evidence shows the applicant served honorably during a qualifying period for award of the National Defense Service Medal.  Therefore, he is authorized award of the National Defense Service Medal and his DD Form 214 should be corrected to show this medal.

3.  The evidence also shows he participated in one campaign while serving in Southwest Asia.  Therefore, his DD Form 214 should be corrected to show award of the Southwest Asia Service Medal with one bronze service star.

4.  The evidence shows he served a qualifying period in a designated location to qualify for award of the Kuwait Liberation Medal-Kuwait.  Therefore, his DD Form 214 should be corrected to show this foreign award.

5.  With respect to the Armed Forces Expeditionary Medal, this medal will be awarded only for operations for which no other U.S. campaign medal is approved.  There is no evidence in the available records and the applicant did not submit sufficient evidence that shows he participated in any other designated U.S. military operations in direct support of the United Nations or operations of assistance for friendly foreign nations, or that he was a bona fide member of a unit participating in or engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Therefore, he does not meet the criteria for this award.

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:

	a.  adding award of the National Defense Service Medal, Southwest Asia Service Medal with one bronze service star, and Kuwait Liberation Medal-Kuwait to his DD Form 214; and

	b.  adding the following entry to the remarks block of his DD Form 214:  "SERVICE IN SOUTHWEST ASIA FROM 19901213-19910115."

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 award of the Armed Forces Expeditionary Medal.



      _____________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)                                         AR20130017037



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ABCMR Record of Proceedings (cont)                                         AR20130017037



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