IN THE CASE OF:	

		BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130020120 


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:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Southwest Asia Service Medal and Army Commendation Medal 
* Item 18 (Remarks) his service in Somalia from January to June 1993 and Southwest Asia from October to December 1994

2.  The applicant states the above information was omitted because it was overlooked. 

3.  The applicant provides:

* Certificate of Appreciation (Somalia)
* Certificate of Service (Operation Vigilant Warrior)
* Certificate of Achievement (Operation Vigilant Warrior in Southwest Asia)
* DA Form 638 (Recommendation for Award) and certificate showing award of the Army Commendation Medal

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 5 June 1992 and he held military occupational specialty 77W (Water Treatment Specialist).  He was assigned to the 226th Supply and Service Company, Fort Stewart, GA. 

3.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served in Somalia from 11 January 1993 to 28 May 1993 (4 months and 18 days) and in Egypt from 17 October 1993 to 18 November 1993 (1 month and 3 days).  

4.  He was honorably released from active duty on 4 June 1996.  His DD Form 214 shows in:

* item 12f (Foreign Service), the entry "0000-00-00"
* item 13 he was awarded or authorized the: 

* Army Achievement Medal
* Joint Meritorious Unit Award
* Army Good Conduct Medal
* National Defense Service Medal
* Army Lapel Button
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

* item 18 (Remarks) does not list any service in Somalia, Egypt, or Southwest Asia

5.  He provides:  

	a.  Certificate, dated 29 March 1996, awarding him the Army Commendation Medal for service from 18 November 1992 to 18 June 1994, by Permanent Orders (PO) Number 92-9, issued by Headquarters, 24th Support Group, Fort Stewart, GA, on 1 April 1996.  
	b.  DA Form 638, dated (approved) 29 May 1996, recommending and approving award of the Army Commendation Medal for service from 18 November 1992 to 18 June 1994, by PO Number 92-9, issued on 1 April 1996.  His achievements mention: 

* Deployment to Somalia during Operation Restore Hope 
* Support to the Ranger Battalion in Panama during Jungle Operations training 
* Operation Vigilant Warrior in Saudi Arabia/Kuwait
* Deployment to Egypt during Exercise Bright Star 93 and 95

	c.  Certificate of Appreciation, undated, in recognition of his outstanding contributions to Operation Restore Hope and the Somali people.

	d.  Certificate of Service, undated, in recognition of his faithful and exemplary performance of duty with the Victory Division during Operation Vigilant Warrior from October to December 1994. 

	e.  Certificate of Achievement, undated, for outstanding performance of duty while assigned to the 87th Corps Support Battalion, during Operation Vigilant Warrior, 9 October 1994 to 8 December 1994 (a period of 2 months).

6.  Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized policy for processing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s records.  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 County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)."

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

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  To be eligible, a service member must meet one or more of the following criteria:

* Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations
* Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the designated areas
* Be serving on temporary duty for 30 consecutive days or 
60 nonconsecutive days; these time limitations may be waived for people participating in actual combat operations

	b.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns for Southwest Asia 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)

	c.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995.

8.  According to the U.S. Army Center for Military History:

	a.  Operation Vigilant Warrior was initiated in response to Saddam Hussein's "saber rattling" and posturing of a significant Iraqi military force along the Iraqi-Kuwaiti border.  After Operation Desert Storm, the Area of Responsibility (AOR) showed a significant reduction of troops.  As of 31 December 1991, the U.S. Air Forces Central (USCENTAF) had about 5,000 personnel and 80 aircraft still assigned in the AOR.  This number continued to drop during 1992.  By the middle of that year, about 3,500 USCENTAF personnel remained in the AOR.   When Iraq began moving ground forces toward Kuwait in October 1994, the United States ordered an immediate response.  Within days, the USCENTAF Commander and most of his key staff had deployed to Riyadh, where he took command of Joint Task Force Southwest Asia (JTF-SWA).  This operation, called "Vigilant Warrior," also involved the "plus up" of air assets to more than 170 aircraft and 6,500 personnel. 

	b.  Iraq soon recalled its troops and the crisis passed, but the United States decided to retain some 120 aircraft and 5,000 personnel in-theatre in case Hussein repeated his bluff.  As an additional measure, USCENTAF also agreed to keep aircraft in Kuwait itself for the first time.  The U.S. Army has pre-positioned Army War Reserves Set 5 (AWR-5) at Camp Doha, Kuwait, to meet this time/distance challenge.  AWR-5 is a full, heavy brigade set of equipment that is ready to fight as fast as troops can be flown into theater.  ARCENT-Kuwait is able to issue at least a battalion set of that equipment every 24 hours.  The Army routinely exercises that equipment at least twice a year during the Intrinsic Action exercise series with brigade command posts and battalion task forces from the 1st Cavalry Division, Fort Hood, TX, and 24th Infantry Division (ID) (Mechanized) [M], Fort Stewart, GA.  The 4th ID(M), Fort Hood, and the 1st Armored Division, Bad Kreuznach, Germany, also participated.  AWR-5 was a valuable deterrent during Operation Vigilant Warrior from October to December 1994 when the 24th ID (M) fell in on it and trained vigorously and visibly to demonstrate US presence and resolve to Iraq.  In October 1994, ARCENT again was called upon to command, control and generate Army forces to deploy to Kuwait during Operation Vigilant Warrior. 

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  The applicant deployed to Somalia from 11 January to 28 May 1993 (4 months and 18 days), Egypt from 17 October to 18 November 1993 (1 month and 3 days), and Southwest Asia from 9 October to 8 December 1994 (a period of 2 months).  Therefore, he is entitled to correction of item 12f of his DD Form 214 to show completion of 7 months and 21 days of foreign service. 

3.  His service in Somalia and Southwest Asia were considered deployments while his service in Egypt was for a training exercise.  He is entitled to correction of item 18 of his DD Form 214 to show his Somalia deployment from 11 January to 28 May 1993 and Southwest Asia deployment from 9 October to 8 December 1994.

4.  He served in Southwest Asia from 9 October to 8 December 1994, during one campaign, a period of 2 months.  The Southwest Asia Service Medal is awarded to members serving in Southwest Asia between 2 August 1990 to 30 November 1995 and he completed 30 consecutive days or 60 nonconsecutive days.  Therefore, he met the criteria for award of the Southwest Asia Service Medal with one bronze service star and correction of his DD Form 214 to show this 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:

* deleting from item 12f the entry "0000-00-00" and adding the entry     "0000-07-21"
* adding to item 13 the Army Commendation Medal and the Southwest Asia Service Medal with bronze service star
* adding to item 18 the entries "Service in Somalia 19930111-19930528" and "Service in Southwest Asia 19941009-19941208"



      _______ _   _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)                                         AR20130020120



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ABCMR Record of Proceedings (cont)                                         AR20130020120



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