BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140001883 


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 award of:

* any unit awards to which he is entitled for serving during the Gulf War after 2 August 1990
* the National Defense Service Medal

2.  He states that he served in Headquarters and Headquarters Company (HHC), 7th Ordnance during the Gulf War after 2 August 1990, which should qualify him for all medals that were awarded to the unit.  Additionally, the National Defense Service Medal should also be added to his DD Form 214 because he was a Soldier in the Army after 2 August 1990 in the Persian Gulf War.

3.  The applicant provides his 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 enlisted in the Regular Army on 9 June 1987.

3.  Item 16 (Last Combat Tour/Date) of his DA Form 2A (Personnel Qualification Record - Part I), dated 9 August 1990, contains the entry "NONE."

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  item 5 (Oversea Service), he served in Germany from 18 October 1987 through 14 October 1989, a period of 1 year, 11 months, and 27 days foreign service.

	b.  item 9 (Awards, Decorations and Campaigns), does not show that he was awarded or authorized the National Defense Service Medal or any permanent unit awards.

	c.  item 35 (Record of Assignments), that following initial entry training he was assigned to the following units on the dates shown:

* 2 October 1987, B Battery, 2nd Battalion, 5th Field Artillery Regiment, Germany
* 8 November 1989, 233rd Transportation Company, Fort Bliss, TX

5.  On 8 November 1990, while assigned to the 233rd Transportation Company, the applicant requested an exception to "Stop Loss" policy in order to be able to be released from active duty (REFRAD) upon completion of his normal expiration term of service (ETS) date.  This request was routed through the Commander, 70th Ordnance Battalion (Rear Detachment), Fort Bliss, TX to the Commander, U.S. Army Air Defense Artillery Center and Fort Bliss.  The bases for this request were as follows:

* the applicant had a temporary physical limitation profile (T3) as of February 1990 resulting from his inability to run without experiencing knee pain and to drive military vehicles for greater than 15 to 30 minutes
* this profile did not let the applicant work in his primary military occupational specialty
* it would be in the best interest of the applicant and the Army to grant him a REFRAD as soon as possible
* his commander believed that his separation should occur as scheduled
* his normal ETS date was 5 January 1991

6.  On 27 November 1990, the applicant's request for an ETP was approved.  His record contains a DA Form 31 (Request and Authority for Leave) which shows he was authorized to take terminal leave from 22 December 1990 to 5 January 1991.  This form shows his unit of assignment at the time was the 233rd Transportation Company, 70th Ordnance Battalion, Fort Bliss, TX and the approval authority was the Rear Detachment Commander.

7.  On 5 January 1991, he was honorably released from active duty upon the expiration of his term of service after completing 3 years, 6 months, and 27 days of active service.  The DD Form 214 he was issued shows in:

	a.  item 12f (Foreign Service), he completed a total of 1 year, 11 months, and 27 days of foreign service.

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

* Army Service Ribbon
* Army Good Conduct Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar

	c.  item 18 (Remarks), no indication that he served in Southwest Asia during this period of service.

8.  A review of the applicant's service record shows no evidence and he has not provided any evidence showing that he deployed to Southwest Asia at any time during his period of active duty service.

9.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The applicant's name does not appear in this database, which indicates that he did not serve Southwest Asia during the Gulf War.






10.  A review of the unit history for the 233rd Transportation Company shows the unit was awarded the Meritorious Unit Commendation for service in Southwest Asia during 1990 - 1991.  The unit was also awarded campaign participation credit for the following three campaigns in Southwest Asia:

* Defense of Saudi Arabia
* Liberation and Defense of Kuwait
* Cease-Fire

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  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 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) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)

	c.  the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  

12.  Table 22-1 (Authority for wear-U.S. unit award emblems) of Department of the Army Pamphlet 670-1 (Guide to the Wear and Appearance of Army Uniforms and Insignia) provides that a Soldier may wear a unit award permanently if the individual was assigned and present for duty with the unit any time during the period cited for recognition.

13.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the National Defense Service Medal and any unit awards to which he is entitled was carefully considered and determined to have partial merit.

2.  Records show he served a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show the National Defense Service Medal.

3.  Although records show he served overseas in Germany, his record is void of evidence and he has not provided any evidence showing that he deployed to Southwest Asia at any time during his period of active duty service.

4.  The facts that his unit was awarded the Meritorious Unit Commendation and credited with participation in three campaigns in Southwest Asia are duly noted.  However, evidence shows he was assigned to the Rear Detachment during the unit's period of deployment and did not deploy with the main body due to a physical profile that prohibited him from performing the duties of his MOS.  In view of the fact that he was not personally present for duty with the unit in the theater of operations during the period for which the unit was recognized, he is not entitled to permanent award of any unit awards or to receive campaign participation credit for the deployment.

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 adding the National Defense Service Medal to item 13 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 correcting his DD Form 214 to show award of any unit awards or campaign participation. 



      _______ _   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)                                         AR20140001883





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ABCMR Record of Proceedings (cont)                                         AR20140001883



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