BOARD DATE:  7 August 2014

		DOCKET NUMBER:  AR20130021367


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 he was awarded or authorized the following awards:

* Army Achievement Medal (AAM) (2nd Award)
* Southwest Asia Service Medal (SWASM) with 3 bronze service stars
* Kuwait Liberation Medal (Kingdom of Saudi Arabia) (KLM-SA)
* Kuwait Liberation Medal (Government of Kuwait) (KLM-KU)

2.  The applicant states he should have been awarded the Southwest Asia Service Medal with 3 bronze service stars, the KLM-SA, and the KLM-KU for his service in Operations Desert Shield and Desert Storm.  He was also twice awarded the AAM; however, these awards were omitted from his DD Form 214.

3.  In a separate letter to the Board, the applicant states:

* as a member of the 584th Maintenance Company, Fort Campbell, KY, he served in Operations Desert Shield and Desert Storm from 10 October 1990 through 24 April 1991
* he was held beyond his normal expiration of term of service (ETS) date due to Stop Loss, so when his unit redeployed to the United States, he immediately began his out processing – because of this, he never received many of the awards he was entitled to
* when he joined the Veterans of Foreign Wars (VFW), he became aware of the awards he should have received 
* he also noted the 2 AAMs that were omitted from his DD Form 214

4.  The applicant provides:

* his DD Form 214
* an extract of his DA Form 2-1 (Personnel Qualification Record – Part II)
* an internet printout from the U.S. Army Center for Military History website, detailing the lineage and honors of the 584th Maintenance Company
* DA Forms 3686 (JUMPS-Army – Leave and Earnings Statement), covering the period November 1990 through April 1991
* Permanent Orders Number 140-32, issued by the 574th Personnel Service Company on 24 July 1989
* DA Form 4980-18 (AAM Certificate), annotated as Orders Number 20-20, issued by the Headquarters, 3rd Battalion, 327th Infantry Regiment on    24 July 1990

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.  On 12 February 1987, the applicant enlisted in the Regular Army.  He completed his initial entry training, and was awarded military occupational specialty 45B (Small Arms Repairer).

3.  Upon the completion of his initial entry training, he was reassigned to the 77th Maintenance Company, in the Federal Republic of Germany.

4.  Permanent Orders 140-32, issued by 574th Personnel Service Company on 24 July 1989, awarded him the AAM for meritorious service from 31 July 1987 to 28 July 1989. 

5.  On or about 6 September 1989, he was reassigned to the 584th Maintenance Company, Fort Campbell, KY.
6.  Permanent Order 20-20, issued Headquarters, 3rd Battalion, 37th Infantry, on 24 July 1990, awarded him the AAM for achievement from 1 June 1990 to         10 July 1990. 

7.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Saudi Arabia from on or about 15 October 1990 through on or about 24 April 1991.

8.  On 13 May 1991, he was honorably released from active duty and he was reassigned to the U.S. Army Reserve.  His DD Form 214 shows in: 

   a. Item 12f (Record of Service – Foreign Service), he was credited with the completion of 2 years, 6 months, and 8 days of foreign service during his period of active duty.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Overseas Service Ribbon
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Air Assault Badge
* Army Lapel Button

   c. Item 18 (Remarks) does not show he participated in any named operations or campaigns; specifically, Operations Desert Shield and Desert Storm.

9.  General Orders Number 14, issued by Headquarters, Department of the Army on 25 June 1993, awarded the 584th Maintenance Company the Meritorious Unit Commendation for exceptionally meritorious conduct from 15 October 1990 through 23 April 1991.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a. The SWASM 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 on the SWASM for the following campaigns:

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

   b. The 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-KU 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.

11.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  

* the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge
* Table 2-1 provides instruction pertaining to the completion of the DD Form 214
* for active duty Soldiers who deploy with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)"  will be included in item 18 when the DD Form 214 is prepared

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested correction of his DD Form 214 to show he was awarded or authorized the AAM (2nd Award), SWASM with 3 bronze service stars, KLM-SA, and KLM-KU.

2.  Permanent orders awarded him the AAM on 2 separate occasions.  Neither of these awards are reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show he was twice awarded the AAM.

3.  The evidence of record shows he served in SWA from on or about 15 October 1990 through on or about 24 April 1991.  This foreign service was within the regulatory time frame for award of the SWASM, KLM-SA, and KLM-KU; all of which are not shown on his DD Form 214.  Additionally, he participated in three campaigns during his service in SWA; therefore, it would be appropriate to correct his DD Form 214 to show he was awarded or authorized the SWASM with three bronze service stars, the KLM-SA, and the KLM-KU.
4.  General orders awarded his unit the Meritorious Unit Commendation for the period 15 October 1990 through 23 April 1991, a period during which he was assigned.  Therefore, his DD Form 214 should be corrected to show he is authorized this unit award.

5.  His service in SWA is reflected in item 12f of his DD Form 214; however, it is not reflected in item 18.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 by adding the statement "SERVICE IN SOUTHWEST ASIA FROM 19901015 – 19910424."

BOARD VOTE:

___X_____  ___X_____  ___X_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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. amending item 13 of his DD Form 214 to add the following awards:

* AAM-2
* SWASM with three bronze service stars
* KLM-SA
* KLM-KU
* Meritorious Unit Commendation

   b. amending item 18 of his DD Form 214 to show the entry "SERVICE IN SOUTHWEST ASIA FROM 19901015 – 19910424."


      __________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)                                         AR20130021367



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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