BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130020911 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Armed Forces Expeditionary Medal and the Southwest Asia Service Medal with two bronze service stars.

	b.  Item 18 (Remarks) her foreign service in Saudi Arabia/Operation Desert Storm and Panama/Operation Just Cause.

2.  The applicant states she served in Saudi Arabia/Desert Storm and Panama/Operation Just Cause.  She received the Armed Forces Expeditionary Medal and Southwest Asia Service Medal with two bronze service stars.

3.  The applicant provides:

* DD Form 214
* Certificate of achievement, undated
* Pages 1 and 3 of her 4-page DA Form 2-1 (Personnel Qualification Record- Part II)
* Letter and data base inquiry from the National Personnel Records Center (NPRC), dated 7 December 2012 and 10 December 2012



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 22 October 1986 and held military occupational specialties 95B (Military Police (MP)) and 31N (Communications Systems/Circuit Controller).  The highest rank/grade she attained while serving on active duty was sergeant/E-5.

3.  Her DA Form 2-1 shows:

	a.  She was assigned to:

		(1)  Germany 17 April 1987 to 7 April 1989 and served with A Company, 44th Signal Battalion from 18 April 1987 to 7 April 1989.

		(2)  Fort Bragg, NC from 30 April 1989 to 7 October 1991 and served with:

* Headquarters and Headquarters Company, 426th Signal Battalion from 4 May 1989 to 6 August 1991
* Headquarters and Headquarters Company, 503rd Military Police (MP) Battalion from 7 August 1991 to 7 October 1991

		(3)  Korea from 30 October 1991 to 28 October 1992 and served with the 552nd MP Company from 1 November 1991 to 28 October 1992.

		(4)  Fort Belvoir, VA from 30 November 1992 to 6 June 1993 and served with the U.S. Army Intelligence and Security Command.

	b.  She was awarded or authorized the:



* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Driver and Mechanic Badge with W Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Marksmanship Qualification Badge with Grenade Bar

4.  Her name is shown on the Gulf War roster as having served in Southwest Asia from 1 September 1990 to 11 March 1991.

5.  Her record does not contain and she has not provided any evidence to show she served in Panama or that she participated in Operation Just Cause.  Additionally, her records not contain any evidence showing she was awarded the Armed Forces Expeditionary Medal. 

6.  She was honorably released from active duty on 6 June 1993.  Her DD Form 214 shows she completed 6 years, 7 months, and 15 days of net active service, of which 2 years, 11 months, and 20 days was credited as foreign service.  Item 18 of her DD Form 214 does not contain any remarks referring to her service in Southwest Asia or Panama.  Additionally:

	a.  Item 13 lists the:

* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Driver and Mechanic Badge with W Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksmanship Qualification Badge with Grenade Bar

	b.  Item 18 does not list any foreign service.

7.  She provided an undated certificate of achievement.  This certificate was awarded for outstanding service during Operations Desert Shield/Storm.  However, the dates of this service were not listed.

8.  She provided a database query from NPRC dated 7 December 2012 showing she served in-theater during Desert Shield/Storm from 1 September 1990 to 
11 March 1991.

9.  Army Regulation 635-5 (Separation Documents) establishes 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 states 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 item 18.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Southwest Asia Service Medal is 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) 
* Cease-Fire Campaign (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 is 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 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 Armed Forces Expeditionary Medal may be authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes Service in Panama to participate in Operation Just Cause from 20 December 1989 to 31 January 1990.

	e.  The Korea Defense Service Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she served in Southwest Asia from 1 September 1990 to 11 March 1991.  Therefore, she is entitled to correction of her DD Form 214 to show this service.  

2.  As a related issue, based on her service in Southwest Asia she served during a qualifying period for award of the Southwest Asia Service Medal, Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).  Additionally, she participated in two campaigns during this period of service that entitles her to two bronze service stars for wear on the Southwest Asia Service Medal.  Therefore, she is entitled to correction of his DD Form 214 to show these awards.

3.  The applicant served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  There is no evidence in her records and she did not provide any evidence that shows she served in Panama during Operation Just Cause or that she served a qualifying period of service in any other a qualifying location or operation for this award.  Therefore, there is insufficient evidence to justify adding this service or award to her 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 that the evidence presented was 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.  adding to item 13 of her DD Form 214 the:

* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)
* Korea Defense Service Medal

	b.  adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19909201 – 19910311."

2.  The Board further determined that 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 the Armed Forces Expeditionary Medal and service/participation in Panama during Operation Just Cause.  




      _______ _   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)                                         AR20130020911





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ABCMR Record of Proceedings (cont)                                         AR20130020911



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