IN THE CASE OF:	  

		BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130018992 


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 in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) his award of the Legion of Merit and

	b.  item 18 (Remarks) his participation in the Panama Campaign (Operation Just Cause), Operations Desert Shield/Desert Storm, Defense of Saudi Arabia Campaign, and Liberation and Defense of Kuwait Campaign.

2.  The applicant states he requested verification of his campaign service for Department of Defense civilian leave accrual purposes and was informed no record of campaign participation existed even though annotations to his DD Form 214 reflect the Armed Forces Expeditionary Medal and the Meritorious Unit Commendation which were awarded for participation in Operations Just Cause/Desert Shield/Desert Storm.  He was not aware these campaigns should have been annotated on his DD Form 214 at the time he retired.

3.  The applicant provides:

* Joint Task Force South Operation Just Cause certificate of participation
* Headquarters, 44th Medical Brigade, memorandum, dated 23 February 1990, subject:  Armed Forces Expeditionary Medal
* Headquarters, 44th Medical Brigade Permanent Order (PO) 43-22, dated 13 August 1991
* Army Commendation Medal Certificate, dated 1 April 1991
* amendment of PO 43-22, dated 26 September 1991
* Meritorious Service Medal Certificate, dated 19 September 1991
* PO 47-5, dated 22 March 1992
* DA Form 638 (Recommendation for Award), dated 15 April 2002, with U.S. Army Medical Command PO Number 277-010, dated 4 October 2002
* Standard Form 813 (Verification of a Military Retiree's Service in NonWartime Campaigns or Expeditions), dated 30 April 2012
* 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.  After having previous enlisted service in the U.S. Army Reserve, the applicant was appointed as a Regular Army commissioned officer and entered active duty on 26 July 1982.

3.  He provided a certificate showing he participated in Operation Just Cause in the defense and stabilization of the Republic of Panama as a member of Joint Task Force South, U.S. Southern Command, from 20 December 1989 to 20 January 1990.

4.  He provided a letter issued by Headquarters, 44th Medical Brigade, Fort Bragg, NC, dated 23 February 1990, subject:  Armed Forces Expeditionary Medal, which shows he was awarded the Armed Forces Expeditionary Medal for his participation in Operation Just Cause from 20 December 1989 to 31 January 1990.

5.  He provided PO 43-22, dated 31 August 1991, and the accompanying Army Commendation Medal Certificate, dated 1 April 1991, showing he was awarded the Army Commendation Medal for his service during Operations Desert Shield/
Desert Storm in Southwest Asia during the period 9 August 1990 to 4 March 1991.

6.  His Officer Record Brief (ORB) shows:

* he was assigned to Korea from December 1982 to April 1984 and was credited with completion of a short overseas tour
* he was assigned to Dhahran, Saudi Arabia, from October 1990 to April 1991 but was not credited with completion of a short overseas tour
* he was assigned to Germany from August 1995 to August 2000 but was not credited with completion of a long overseas tour
* he was awarded or authorized the –

* Meritorious Service Medal (5th Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Meritorious Unit Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal (3rd Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with two bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon
* Kuwait Liberation Medal-Saudi Arabia
* Expert Field Medical Badge
* Parachutist Badge

7.  His name is shown on the Gulf War roster as having served in Southwest Asia from 1 October 1990 to 30 June 1991.

8.  He provided a DA Form 638 showing U.S. Army Medical Command, Fort Sam Houston, TX, PO Number 277-010, dated 4 October 2002, awarded him the Legion of Merit.

9.  His records contain a Legion of Merit Certificate, dated 18 October 2002, showing he was awarded the Legion of Merit for meritorious service during the period 1 June 1992 to 31 May 2002.

10.  He retired on 31 July 2002.


11.  Item 13 of his DD Form 214 shows he was awarded or authorized the:

* Meritorious Service Medal (5th Award)
* Army Commendation Medal (2nd Award)
* Army Achievement Medal (3rd Award)
* Meritorious Unit Commendation
* National Defense Service Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Field Medical Badge
* Parachutist Badge

12.  Item 18 of his DD Form 214 does not contain entries for his service in Panama or Saudi Arabia/Southwest Asia.

13.  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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

	b.  The Southwest Asia Service Medal was 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 campaigns are:

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

	c.  The Korea Defense Service Medal 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.

	d.  The Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

	e.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	f.  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.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter 2 stated that 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 item 18.

DISCUSSION AND CONCLUSIONS:

1.  PO Awarded the applicant the Legion of Merit; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he was awarded the Southwest Asia Service Medal with two bronze service stars which indicated his participation in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns.  However, this award was never annotated on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he served in Saudi Arabia from October 1990 to June 1991.  This service met the criteria for award of the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to add these awards.

4.  The evidence of record shows the applicant served on active duty in Korea from December 1982 to April 1984.  As such, he met the criteria for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows he received credit for completion of one overseas tour (Korea).  However, the evidence of record also shows he completed 58 months of service in Germany.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Overseas Service Ribbon.

6.  The evidence of record shows he served in Panama from 20 December 1989 to 31 January 1990 and in Southwest Asia from 1 October 1990 to 30 June 1991. 
Therefore, he is entitled to correction of his DD Form 214 to show this service.

7.  There is no provision or requirement within Army regulations for adding specific campaigns from the Gulf War or service in support of Operation Just Cause (Panama) to the 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:

* deleting award of the Overseas Service Ribbon from item 13 of his DD Form 214 for the period ending 31 July 2012
* adding the following awards to item 13 of his DD Form 214 for the period ending 31 July 2012–

* Legion of Merit
* Southwest Asia Service Medal with two bronze service stars
* Korea Defense Service Medal
* Overseas Service Ribbon (2nd Award)
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

* 
adding the following statements to item 18 of his DD Form 214 –

* "SERVICE IN PANAMA FROM 19891220-19900131"
* "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910630"

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 campaigns from the Gulf War or Panama 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)                                         AR20130018992



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ABCMR Record of Proceedings (cont)                                         AR20130018992



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