IN THE CASE OF:	  

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130019140 


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 was assigned to Service Battery, 2nd Battalion, 3rd Field Artillery (FA) Regiment, 3rd Armored Division, during the Persian Gulf War and he served in the theater of operations from 2 January 1991 until the end of May 1991.  His service should have qualified him for a service medal.  However, his DD Form 214 does not show his foreign service or the award.

3.  The applicant provides copies of his deployment orders, Army Commendation Medal Certificate and orders, and 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's military service records are not available to the Board for review.  However, there were sufficient available documents in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 19 January 1983.  He was awarded military occupational specialty 63D (Self-Propelled Field Artillery System Mechanic).  He was promoted to sergeant/E-5 on 1 October 1989.

4.  His DD Form 214 shows he was honorably discharged on 7 July 1991 based on his expiration term of service (ETS).  He completed 8 years, 5 months, and 19 days of total active service during this period.  His DD Form 214 also shows in:

	a.  item 12f (Foreign Service):  6 years, 11 months, and 6 days;

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

* Army Service Ribbon
* Overseas Service Ribbon
* Army Achievement Medal (3rd Award)
* Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Noncommissioned Officer Professional Development Ribbon
* Army Commendation Medal
* National Defense Service Medal

	c.  item 18 (Remarks):  no deployments.

5.  A review of the Persian Gulf War Roster shows the applicant served in Southwest Asia from 11 January 1991 to 7 July 1991.

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

7.  The applicant provided the following documents in support of his request:

	a.  Headquarters, 369th Personnel Service Company, Giessen North Composite Team, Germany, Orders 261-32, dated 30 November 1990, attaching 
the applicant to the 3rd Armored Division Replacement Detachment for deployment to Saudi Arabia;

	b.  Headquarters, 3rd Armored Division, Germany, Orders 178-10, dated 6 December 1990, attaching the applicant to Headquarters and Headquarters Battery (HHB), Division Artillery, effective 6 December 1990 in support of Operation Desert Shield;

	c.  Headquarters, 2nd Battalion, 3rd FA Regiment, 2nd Endorsement, dated 6 December 1990, to Headquarters, 3rd Armored Division, Germany, Orders 178-10, dated 6 December 1990, releasing the applicant from attachment to HHB, 2nd Battalion, 3rd FA Regiment, and further attaching him to Service Battery, 2nd Battalion, 3rd FA Regiment, effective 6 December 1990; and

	d.  Headquarters, 3rd Armored Division Artillery, Operation Desert Storm, Permanent Orders 05-40, dated 18 March 1991, and Army Commendation Medal Certificate showing the applicant was awarded the Army Commendation Medal for meritorious service while serving with the 2nd Battalion, 3rd FA Regiment, during Operation Desert Storm from 17 January 1991 to 28 February 1991, providing for the logistical needs of the battalion under hostile fire from the 17th and 52nd Iraqi Armored Divisions and the Tawakalna Mechanized Infantry Division of the Republican Guard Forces Command.

8.  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.

9.  His available military personnel records failed to reveal any adverse information or evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first and second awards of the Army Good Conduct Medal for the period of service under review.

10.  Headquarters, Department of the Army, General Orders Number 14, dated 11 April 1997, awarded the 2nd Battalion, 3rd FA Regiment, the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 6 January 1991 to 16 June 1991.

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

   a.  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.

		(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 shows that during the applicant's service 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)
* Southwest Asia Cease-Fire (12 April 1991-30 November 1995)

	b.  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.

	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 Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214 and specified for:

	a.  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

	b.  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 in support of Operation Desert Storm and his awards.

2.  The evidence of record is inconsistent with respect to the applicant's period of overseas service in Southwest Asia in that:

* he claims service from 2 January 1991 to the end of May 1991
* his award orders show his service from 17 January 1991 to 28 February 1991
* the Gulf War Roster shows his service from 11 January 1991 to 7 July 1991 (ETS)

	a.  Based on the best available evidence, it appears that the applicant served in Southwest Asia from 11 January 1991 to 31 May 1991.

	b.  Thus, item 18 of the applicant's DD Form 214 should be corrected to show this period of foreign service.

3.  The evidence of record shows the applicant qualified for award of the Southwest Asia Service Medal and he participated in three campaigns during his service in Southwest Asia.  Thus, he is authorized award of the Southwest Asia Service Medal with three bronze service stars.

4.  The evidence of record also shows the applicant qualified for award of the Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.

5.  General orders awarded the applicant's unit the Valorous Unit Award.

6.  The applicant completed two periods of continuous honorable active duty enlisted service from:

* 19 January 1983 through 18 January 1986
* 19 January 1986 through 18 January 1989

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first or second award of the Army Good Conduct Medal.

	b.  He was recognized by three awards of the Army Achievement Medal.

	c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal during the applicant's qualifying periods of service, it would be appropriate to award him the first and second awards of the Army Good Conduct Medal based on the available evidence.

7.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 for the period ending 7 July 1991 to show his foreign service in Southwest Asia and his awards as recommended below.

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.  awarding him the:

* Army Good Conduct Medal (1st Award) for the period 19 January 1983 through 18 January 1986
* Army Good Conduct Medal (2nd Award) for the period 19 January 1986 through 18 January 1989

	b.  adding the following awards to item 13 of his DD Form 214 for the period ending 7 July 1991:

* Army Good Conduct Medal (2nd Award)
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Valorous Unit Award

	c.  adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19910111-19910531" to item 18 of his DD Form 214 for the period ending 7 July 1991.

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 showing his deployment beginning on 2 January 1991.



      ____________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)                                         AR20130019140



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ABCMR Record of Proceedings (cont)                                         AR20130019140



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