BOARD DATE:	 31 July 2014 

		DOCKET NUMBER:  AR20130021828 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his foreign service, his deployment and awards of the Army Achievement Medal (AAM), Southwest Asia Service Medal (SWASM), and Kuwait Liberation Medal.

2.  The applicant states he deployed to the Gulf War during 19900819 – 19910426 and his DD Form 214 does not reflect his foreign service, deployment, or awards of the AAM, SWASM, and Kuwait Liberation Medal.

3.  The applicant provides copies of his orders awarding him the AAM and an internet article regarding his awards and his unit’s history.

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 4 January 1989 for a period of 2 years and 16 weeks and training as an armor crewman.  He completed his one station unit training at Fort Knox, Kentucky and was transferred to Fort Benning, Georgia for his first and only assignment.

3.  The Gulf War Deployment Roster shows he deployed to Southwest Asia (SWA) from 19900901 - 19910329, a period of 6 months and 29 days and served in two campaigns.  He was honorably released from active duty (REFRAD) on 
3 May 1991.  He had served 2 years and 4 months of active service.  His DD Form 214 issued at the time of his REFRAD shows he served no foreign service, had no deployment, and was awarded the Army Service Ribbon, National Defense Service Medal, and his marksmanship awards.

4.  Permanent Orders Number 256-46 issued by Headquarters, 2nd Battalion, 69th Armor Regiment on 13 September 1991 awarded the applicant the AAM for meritorious achievement while serving in Operation Desert Shield as a tank driver during the period 1 September 1990 to January 1991.

5.  A review of his official records failed to reveal any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

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

7.  Army Regulation 600-8-22 states the SWASM 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.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

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

8.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (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 1991 and 28 February 1991.
9.  Army Regulation 600-8-22 states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

DISCUSSION AND CONCLUSIONS:

1.  The Gulf War Deployment Roster shows the applicant deployed to SWA during the period 19900901 – 19910329 for a period of 6 months and 29 days and he is entitled to have that information added to his DD Form 214.

2.  He served in two campaigns during a qualifying period for award of the SWASM and is entitled to have the SWASM with two bronze service stars added to his DD Form 214.

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 
4 January 1989 through 3 May 1991.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

4.  The applicant also served during qualifying period for awards of the KLM-SA and KLM-K and is entitled to have them added to his 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:

* Deleting the entry “00  00  00” from item 12f (Foreign Service) of his DD Form 214
* Adding the entry “00  06  29” to item 12f of his DD Form 214
* Awarding the applicant the AGCM (1st Award) for the period 4 January 1989 to 3 May 1991
* Adding the awards of the AGCM (1st Award), SWASM with two bronze service stars, KLM-SA and KLM-K to his DD Form 214
* Adding the entry “Service in SWA 19900901 – 19910329 to item 18 (Remarks) of his DD Form 214

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 showing he served in Southwest Asia from 19900819 – 19910426.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20130021828





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ABCMR Record of Proceedings (cont)                                         AR20130021828



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