IN THE CASE OF:	   

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004894 


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 5 (Date of Birth (DOB)) – his DOB as XX May 1965 vice XX September 1965
* item 18 (Remarks) – his foreign service in Southwest Asia

2.  The applicant states his DOB is wrong on his DD Form 214 and his service during Operation Desert Storm should be listed on his DD Form 214.

3.  The applicant provides no additional evidence.

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 3 February 1988 for a period of 4 years.  His           DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his DOB as XX May 1965.  He was discharged from the DEP on 4 February 1988.

3.  He enlisted in the Regular Army on 5 February 1988.  His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows his DOB as XX May 1965.  

4.  He held military occupational specialty 95B (Military Police (MP)) and he was assigned to the 109th MP Company, 14th MP Brigade, Germany.  He was promoted to the rank/grade of specialist (SPC)/E-4 on 1 December 1991.

5.  His record contains a Certificate of Achievement that was awarded by the Commander, 14th MP Brigade, Southwest Asia on 11 June 1991, for meritorious duty performance as an MP in support of Operation Desert Shield/Desert Storm, from 17 December 1990 to 1 April 1991.

6.  He was honorably released from active duty on 4 February 1992 in the rank of SPC and he was transferred to the USAR.  He completed 4 years of creditable active service with no lost time.  The DD Form 214 he was issued shows:  

	a.  Item 5 (DOB) contains the entry XX September 1965.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon. 

	c.  Item 18 (Remarks) is void of an entry that shows he had any foreign service. 

	d.  Item 27 (Reentry (RE) Code) contains the entry "RE-1."  

7.  His DA Form 2-1 (Personnel Qualification Record) which would have shown the dates of his foreign service in Southwest Asia is not available for review with this case.  However, his name is listed on the Gulf War Deployment Roster as having deployed in support of Operation Desert Shield/Desert Storm.  A review of the history of the 14th MP Brigade shows the brigade (to include the 109th MP Company) deployed to Southwest Asia in December 1990.

8.  His record is void of orders for the Army Good Conduct Medal.  His record does not contain a commander's disqualification for the Army Good Conduct Medal or a record of a court-martial conviction or other adverse action that would disqualify him for award of the Army Good Conduct Medal.  

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

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Official Military Personnel File.

	c.  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.  A review of his record shows he participated in two campaigns during his service in Southwest Asia.

	d.  The Kuwait Liberation Medal-Saudi Arabia, 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.

	e.  The Kuwait Liberation Medal-Kuwait, 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.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, stated for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service enter in item 18 of the DD Form 214 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant listed his DOB as XX May 1965 upon his enlistments into the USAR DEP and the Regular Army.  It appears an administrative error occurred during the preparation of his DD Form 214 and his DOB was listed incorrectly as XX September 1965.  Therefore, he is entitled to correction on his DD Form 214 to show his correct DOB.

2.  His record contains a Certificate of Achievement he was awarded by his brigade commander in Southwest Asia for meritorious duty performance as an MP in support of Operation Desert Shield/Desert Storm from 17 December 1990 to 1 April 1991.  Therefore, it would be appropriate to correct his DD Form 214 to show his foreign service in Southwest Asia from 17 December 1990 to 1 April 1991.

3.  The evidence of record shows he served honorably during the period 5 February 1988 to 4 February 1992.  He attained the rank of SPC and his record is void of any derogatory information or a commander's disqualification that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  His RE Code of "1" and his transfer to the USAR upon his release from active duty indicate he was fully eligible to reenlist at the time of his separation.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on his completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this award.

4.  He served in Southwest Asia during a qualifying period for entitlement to the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).  Therefore, his DD Form 214 should be corrected to show these awards.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 February 1988 through 4 February 1991;

	b.  amending item 5 of his DD Form 214 to delete the current entry and replacing it with the DOB shown on his DD Form 4;

	c.  amending item 13 of his DD Form 214 to add the:

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

	d.  amending item 18 of his DD Form 214 to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19901217-19910401."



      ____________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)                                         AR20140004894





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004894



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1