IN THE CASE OF:	  

		BOARD DATE:	 2 July 2014 

		DOCKET NUMBER:  AR20130018304 


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 his overseas service and awards.

2.  The applicant states he served overseas in Saudi Arabia during the Persian Gulf War from August 1990 to March 1991 and in Haiti in support of Operation Uphold Democracy from 2 December 1994 to 31 March 1995.  His service qualified him for award of the Southwest Asia Service Medal and Kuwait Liberation Medal (Saudi Arabia).  However, his DD Form 214 does not show his foreign service or the awards.  

3.  The applicant provides copies of 11 Leave and Earnings Statements (LESs), two award documents, and his 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 6 April 1989.  He was awarded military occupational specialty 62F (Crane Operator).

3.  His DD Form 214 shows he was honorably released from active duty on
15 March 1996 and transferred to the Arkansas Army National Guard.  He had completed 6 years, 10 months, and 25 days of total active service during this period.  It also shows in: 

   a.  item 12 (Record of Service), block f (Foreign Service):  0 years, 0 months, and 0 days;

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

* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Haiti)
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver - A (Amphibious Vehicle) Bar

   c.  item 18 (Remarks) does not show that he deployed overseas.

4.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Southwest Asia Service Medal or the Kuwait Liberation Medal.

5.  In support of his application, the applicant provides the following documents:

   a.  11 LESs covering the period from August 1990 through June 1991 that show, in pertinent part, the applicant was assigned to Unit Identification Code (UIC) WET2AA (8th Ordnance Company) and he was paid:

* Imminent Danger Pay - 1 September 1990 through 31 March 1991
* Overseas Pay - 14 September 1990 through 25 March 1991

   b.  DA Form 638-1 (Recommendation for Award) and DA Form 4980-18 (Army Achievement Medal Certificate) that show Headquarters, 225th Forward Support Battalion, 25th Infantry Division (Light), Schofield Barracks, HI, Permanent Order Number 3-182, dated 16 March 1995, awarded the applicant the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement in support of Operation Uphold Democracy – Haiti.  (The DA Form 638 shows the period 2 December 1994 to 15 April 1995 whereas the DA Form 4980-18 shows the period 2 December 1994 to 31 March 1995).

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.
   
7.  A review of the Persian Gulf War Roster shows the applicant served in Southwest Asia from 1 September 1990 to 26 March 1991; UIC WET2AA 
(8th Ordnance Company).

8.  Headquarters, Department of the Army, General Orders Number 27, dated 
27 December 1994, awarded the 8th Ordnance Company the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding service during the period 15 August 1990 to 15 March 1991.

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

	a.  An oak leaf cluster is awarded to denote a second award of certain decorations, among which is the Army Achievement Medal.

   b.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operation Desert Shield/Storm in the designated area on or after 2 August 1990 to 30 November 1995.

		(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

		(2)  Table B-1 contains a list of Persian Gulf War campaigns and it shows that during the applicant's tour in Southwest Asia participation credit was awarded for the following campaigns:

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

	c.  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 and 28 February 1991.

	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.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

a. Chapter 2 contains guidance on the preparation of the DD Form 214.

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It states for:

		(1)  item 13:  list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry must be verified by the Soldier's records; do not use abbreviations; and

		(2)  item 18:  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)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his overseas service and awards.

2.  The evidence of record is inconsistent with respect to the applicant's periods of overseas service, as follows:

   a.  Southwest Asia in that:

* his LESs show Overseas Pay:  1 September 1990 through 25 March 1991
* the Gulf War Roster shows:  1 September 1990 to 26 March 1991
* he claims service from:  August 1990 to March 1991


   b.  Haiti in that:

* his DA Form 638 shows:  2 December 1994 to 15 April 1995
* his DA Form 4980-18 shows:  2 December 1994 to 31 March 1995
* he claims service from:  2 December 1994 to 31 March 1995

   c.  Thus, based on the available evidence, it is concluded that the applicant served in:

* Southwest Asia from 1 September 1990 to 26 March 1991
* Haiti from 2 December 1994 to 31 March 1995

3.  A computation of the two periods of overseas service shows:

	1991  03  26		date of redeployment from Southwest Asia
	- 1990  09  01		date of deployment to Southwest Asia
	=     00  06  25
	+ _                1		inclusive day
	=     00  06  26		net overseas service this period )


	1995  03  31		date of redeployment from Haiti
	- 1994  12  02		date of deployment to Haiti
	=     00  03  29
	+ _                1		inclusive day
	=     00  03 30		or 4 months of net overseas service this period (Haiti)

4.  A computation of the total overseas service for these two periods shows:

	00  06  26		Southwest Asia
	+     00  04  00		Haiti
	=     00  10  26 		or 10 months and 26 days total overseas service
			
5.  Thus, item 12f and item 18 of the applicant's DD Form 214 should be corrected to show the total amount and periods of his foreign service.

6.  The evidence of record shows the applicant qualified for award of the Southwest Asia Service Medal and that he served in two campaigns during his service in Southwest Asia.  Thus, he is entitled to award of the Southwest Asia Service Medal with two bronze service stars.
   
   
7.  The evidence of record also shows the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait).

8.  General orders awarded the applicant's unit the Meritorious Unit Commendation.

9.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 as recommended below.

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:

   a.  deleting the entry "0000  00  00" from item 12f of his DD Form 214 and adding the entry "0000  10  26";

   b.  deleting from item 13 of his DD Form 214 the "Army Achievement Medal";

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

* Army Achievement Medal (2nd Award)
* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Meritorious Unit Commendation


	d.  adding to item 18 of his DD Form 214 the entry:

* "SERVICE IN SOUTHWEST ASIA (SAUDIA ARABIA) FROM 19900901-19910326"
* "SERVICE IN HAITI FROM 19941202-19950331"



      _______ _   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)                                         AR20130018304



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ABCMR Record of Proceedings (cont)                                         AR20130018304



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