BOARD DATE:	   27 May 2014

		DOCKET NUMBER:  AR20130017355


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) for the period ending 30 April 2002 to show award of the Bronze Star Medal, Global War on Terrorism Service Medal (GWOTSM), and any other awards to which he may be entitled.

2.  The applicant states:

* the Bronze Star Medal was omitted from his DD Form 214 when he retired
* its absence was due to a typographical error
* the GWOTSM wasn't approved for award until 2003

3.  The applicant provides his DD Form 214 and DA Form 4980-5 (Bronze Star Medal Certificate).

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.  On 7 April 1975, the applicant enlisted in the Regular Army.  On 6 April 1978, he was released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 (Report of Separation from Active Duty) for this period shows he was awarded the Driver and Mechanic Badge.

3.  On 20 June 1978, he enlisted in the Arkansas Army National Guard where he served through numerous periods of reenlistment in positions of increased responsibility.

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

	a.  in item 5 (Oversea Service) that he served in Saudi Arabia in support of Operation Desert Storm from on or about 19 January 1991 through on or about 14 May 1991;

	b.  in item 9 (Awards, Decorations, and Campaigns) that he was awarded or authorized the following:

* Humanitarian Service Medal
* Army Service Ribbon (1st Award)
* Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 3
* Army Reserve Components Achievement Medal
* Armed Forces Reserve Medal (2nd Award) with "M" Device
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Bronze Star Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

	c.  in item 18 (Appointment and Reductions) that he was promoted to the rank/grade of sergeant first class/E-7 effective 23 August 1999.

5.  His DD Form 214 shows he was honorably retired from active duty on 30 April 2002 at the culmination of over 20 years of active service.

	a.  Item 12f (Foreign Service) does not credit him with completion of any foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the following:

* Army Commendation Medal
* Army Good Conduct Medal (3rd Award)
* Army Reserve Components Achievement Medal (2nd Award)
* National Defense Service Medal (2nd Award)
* Kuwait Liberation Medal (Saudi Arabia)
* Southwest Asia Service Medal with one bronze service star
* Southwest Asia Service Medal
* Humanitarian Service Medal
* Armed Forces Reserve Medal (2nd Award)
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  Item 18 (Remarks) contains the entry "SERVICE IN SOUTHWEST ASIA 19910119-19910514."

6.  He provided a Bronze Star Medal Certificate showing he was awarded the Bronze Star Medal for exceptionally meritorious achievement as the Fire Direction NCO with the 1st Battalion, 142nd Field Artillery Regiment, during the period 17 January through 27 March 1991 in support of Operation Desert Storm.  This certificate does not contain a permanent order number; however, the Bronze Star Medal it represents is annotated on his DA Form 2-1.

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

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty on or after 11 September 2001, to a date to be determined, having served 30 consecutive or 60 nonconsecutive days, are authorized award of the GWOTSM.

	c.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and the contiguous waters or airspace there over 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)

	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 "M" Device will be worn on the Armed Forces Reserve Medal to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.

* the purpose of the separation document is to provide the individual with documentary evidence of his/her military service
* it is important that information entered on the form be complete and accurate
* chapter 2 contains guidance for preparation of the DD Form 214
* item 12 shows the record of service
* extreme care should be used when completing item 12, since post-service benefits, final pay, retirement credit, and so forth are based on this information
* item 12f shows the total amount of foreign service completed during the period covered by the DD Form 214
* item 13 shows all Federally-recognized awards and decorations for all periods of service

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 30 April 2002 to show award of the Bronze Star Medal, GWOTSM, and any other awards to which he may be entitled was carefully considered.

2.  The evidence of record shows he served in Southwest Asia from 19 January 1991 through 14 May 1991, a period of 3 months and 26 days.  This period of foreign service is not shown in item 12f of his DD Form 214; therefore, his DD Form 214 should be corrected to show this service.

3.  The evidence of record shows he was awarded the Bronze Star Medal for exceptionally meritorious achievement as the Fire Direction NCO with the 1st Battalion, 142nd Field Artillery Regiment, during the period 17 January through 27 March 1991 while serving in support of Operation Desert Storm.  The certificate he provides does not contain a permanent order number; however, the Bronze Star Medal it represents is annotated on his DA Form 2-1.  The Bronze Star Medal is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

4.  He served a qualifying period for award of the GWOTSM which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  His DD Form 214 shows he was awarded the Southwest Asia Service Medal and the Southwest Asia Service Medal with one bronze service star.  His DA Form 2-1 shows he was awarded the Southwest Asia Service Medal with three bronze service stars.  Based on Army Regulation 600-8-22  and his dates of service in support of Operation Desert Storm, as verified by his DD Form 214 and DA Form 2-1, he is authorized award of the Southwest Asia Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show two bronze service stars.

6.  His DD Form 214 shows he was awarded the Armed Forces Reserve Medal (2nd Award).  Army Regulation 600-8-22 provides that the "M" Device will be worn on the Armed Forces Reserve Medal to denote service by Reserve Component personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.  His service in Southwest Asia qualifies him for this award.  Accordingly his DD Form 214 should be corrected to show the "M" Device.

7.  His service in Southwest Asia occurred within the regulatory time frame for award of the Kuwait Liberation Medal (Kuwait) which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this medal.

8.  His DD Form 214 covering his first period of active duty shows he was awarded the Driver and Mechanic Badge.  This award is not shown on his DD Form 214 for the period ending 30 April 2002.  Therefore, his DD Form 214 should be corrected to show this award.

9.  Lastly, his DD Form 214 shows he was awarded the Army Good Conduct Medal (3rd Award).  His DA Form 2-1 shows he was awarded the Army Good Conduct Medal (5th Award) and because he completed over 20 years of active duty service, he may be entitled to a sixth award.  Unfortunately, none of his Army Good Conduct Medal award orders are present in his available records.  Also, it cannot be determined how his two awards of the Army Reserve Components Achievement Medal (the Reserve component equivalent of the Army Good Conduct Medal) may conflict with any additional awards of the Army Good Conduct Medal.  Therefore, the exact number of awards of the Army Good Conduct Medal cannot be determined.  Accordingly, the current entry on his DD Form 214 is sufficient until further clarifying documentation is provided.

BOARD VOTE:

___X_____  _X_______  _X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  deleting the current entry in item 12f of his DD Form 214 for the period ending 30 April 2002 and adding the entry "0000  03  26";

	b.  deleting the following awards from item 13 of his DD Form 214 for the period ending 30 April 2002:

* Southwest Asia Service Medal
* Southwest Asia Service Medal with one bronze service star
* Armed Forces Reserve Medal (2nd Award)

	c.  adding the following awards to item 13 of his DD Form 214 for the period ending 30 April 2002:

* Bronze Star Medal
* Southwest Asia Service Medal with two bronze service stars
* GWOTSM
* Armed Forces Reserve Medal (2nd Award) with "M" Device
* Kuwait Liberation Medal (Kuwait)
* Driver and Mechanic Badge



      ___________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)                                         AR20130017355



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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