IN THE CASE OF: 

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130018315 


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 the Southwest Asia Service Medal (SWASM), Kuwait Liberation Medal (KLM), and the Korea Defense Service Medal (KDSM).

2.  The applicant states the awards he should have been awarded for his service in SWA during Operations Desert Shield and Desert Storm and for his service in Korea are missing from his DD Form 214.

3.  The applicant provides a DD Form 214 for the period ending 29 June 1992, a letter from the Department of Veterans Affairs, a self-authored statement, and a Noncommissioned Officer (NCO) Evaluation Report.

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 15 July 1976.  

3.  Permanent Orders 013-06 published by the 378th Personnel Service Company awarded him the Army Good Conduct Medal (AGCM) (4th award) for the period 15 July 1985 to 14 July 1988.

4.  The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base.  This data base shows he served in SWA from 1 September 1990 to 29 March 1991.

5.   Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 26 November 1991 through 
23 November 1992.

6.  He was honorably released from active duty on 29 June 1992.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* Army Achievement Medal with 1st oak leaf cluster
* [Army] Good Conduct Medal (2nd award)
* National Defense Service Medal
* Army Service Ribbon 
* NCO Professional Development Ribbon with Numeral 2
* Overseas Service Ribbon with Numeral 3
* Driver and Mechanic Badge with "T" component bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button

7.  Block 18 (Remarks) of his DD Form 214 does not show his service in SWA.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The SWASM is awarded to members of the Armed Forces of the United States serving in SWA and 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) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	b.  The KLM awarded by the Kingdom of Saudi Arabia (KLM-SA) 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.

	c.  The KLM awarded by the Government of Kuwait (KLM-K) 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 KDSM is authorized for award to members of the Armed Forces of the United States who have 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

9.  Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It provided standardized policy for preparation of the DD Form 214 and stated 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 block 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the SWASM, the KLM, and the KDSM has been carefully considered.

2.  The information contained in the DMDC data base, an official data base used to verify service in SWA during the relevant time frame, confirms he served in SWA from 1 September 1990 to 29 March 1991.  This information should be used to correct block 18 of his DD Form 214 to show his dates of deployment to SWA.

3.  Based on his service in SWA, he is authorized the SWASM with two bronze service stars, the KLM-SA, and the KLM-K.  Additionally, based on his service in Korea, he is authorized the KDSM.  Therefore, these awards should be added to his DD Form 214.
4.  His DD Form 214 shows he was awarded the second award of the AGCM; however, orders show he was awarded the fourth award of the AGCM.  Therefore, his DD Form 214 should be further corrected to show the AGCM 
(4th 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:

	a.  deleting from his DD Form 214 the Army Good Conduct Medal (2nd award); 

	b.  adding to his DD Form 214 the:

* Amy Good Conduct Medal (4th award)
* SWASM with two bronze service stars
* KLM-SA
* KLM-K
* KDSM

	c.  adding to block 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901-19910329."



												_________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)                                         AR20130018315



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018315



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1