IN THE CASE OF:	  

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140006101 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to properly reflect her service in Southwest Asia in support of the Gulf War in 1991.

2.  The applicant states, in effect, that she was assigned to the 325th Maintenance Company (Unit Identification Code WVSFAA) on 11 February 1991 and served with that unit during her deployment.  She did not realize until recently that her service in support of Operation Desert Storm needed to be annotated on her DD Form 214.

3.  The applicant provides:

* her DD Form 214
* a reassignment order endorsement memorandum
* a newsletter article that mentions her deployment to Saudi Arabia
* a screenshot from the military trader.com internet website
* three photographs depicting military vehicles in a desert

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 (RA) on 30 August 1990.  She attained the rank/grade of specialist (SPC)/E-4 prior to her separation.

3.  She provides a memorandum, dated 11 February 1991, which was rendered as an endorsement to 3d Personnel Group Orders 23-12-SM, dated 11 February 1991.  The endorsement further assigned her to the 325th Maintenance Company (WVSFAA).  It was noted that she was an RA Soldier who must be reassigned to an Active Duty Component upon completion of Operation Desert Storm.

4.  Her DA Form 2-1 (Personnel Qualification Record - Part II) does not indicate she served in Southwest Asia; however, item 35 (Record of Assignments) indicates she was enroute to Germany following her completion of Advanced Individual Training on an unspecified date, but does not show that she actually served there.  The next entry shows she was enroute to the continental United States on 10 July 1991.

5.  On 6 February 1993, she was honorably released from active duty upon the expiration of her term of service after completing 2 years, 5 months, and 7 days of active service.  The DD Form 214 she was issued shows in:

	a.  Item 12f (Foreign Service), she completed a total of 0 years, 0 months, and 0 days of foreign service.

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

* Army Service Ribbon
* National Defense Service Medal 
* Army Lapel Button
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar

	c.  Item 18 (Remarks), no indication that she served in Southwest Asia.

	d.  Item 29 (Dates of Time Lost During This Period), "NONE."
6.  A review of her service record shows no derogatory information in the form of time lost, nonjudicial punishment, court-martial, or suspension of favorable personnel actions that would disqualify her for the first award of the Army Good Conduct Medal.  There are also no entries in her military record to indicate her commanders denied her the first award of the Army Good Conduct Medal.

7.  Her record is void of any documentation showing the specific dates of her deployment to Southwest Asia and her name does not appear in the Defense Manpower Data Center (DMDC) Desert Shield/Storm Data Base.

8.  The Defense Finance and Accounting Service (DFAS) confirmed that she received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Saudi Arabia from 1 to 30 June 1991, a period of 30 days.

9.  A review of the unit history for the 325th Maintenance Company shows it was a sub-element of the 80th Ordnance Battalion during the Gulf War (Operation Desert Storm).  Department of the Army General Orders (DAGO) Number 27, dated 27 December 1994, awarded the 325th Maintenance Company the Meritorious Unit Commendation for actions during the period 11 October 1990 to 6 October 1991.

10.  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 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)

	b.  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.

	c.  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 active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 contained item-by-item instructions for preparation of the DD Form 214 and specified to:

	a.  In item 12f, enter the total amount of foreign service completed during the period covered;

	b.  In item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and

	c.  In item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block.

12.  The Gulf War took place from 2 August 1990 through 28 February 1991.
Operation Desert Shield began 2 August 1990 and ended 16 January 1991.  Operation Desert Storm began 17 January 1991 and hostilities ceased on 28 February 1991.  Operation Desert Storm officially ended on 30 November 1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 should be corrected to properly reflect her foreign service with the 325th Maintenance Company while deployed to Southwest Asia was carefully considered and determined to have merit.

2.  Records show she served overseas in Southwest Asia from 1 to 30 June 1991.  Therefore, she is entitled to correction of her DD Form 214 to show this period of foreign service in items 12f and 18.


3.  This period of foreign service also qualified her for award of the Southwest Asia Service Medal with one bronze service star and the Kuwait Liberation Medal - Kuwait.  Therefore, her DD Form 214 should be corrected to show these medals.

4.  The evidence of record confirms she served honorably on active duty during the period 30 August 1990 through 6 February 1993.  She was advanced to the rank/grade of SPC/E-4 during this period.  Her record is void of any evidence that shows she had time lost or that she received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that her commander denied her award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified her, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 30 August 1990 through 6 February 1993 and to correct her DD Form 214 to show this award.

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 her the Army Good Conduct Medal (1st Award) for the period 30 August 1990 through 6 February 1993;

	b.  amending her DD Form 214 by deleting the current entry in item 12f and replacing it with the entry "0000  01  00";

	c.  adding to item 13 of her DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Southwest Asia Service Medal with one bronze service star
* Kuwait Liberation Medal - Kuwait
	d.  amending her DD Form 214 by adding to item 18 the entry "SERVICE IN SOUTHWEST ASIA FROM 19910601-19910630."




      ____________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)                                         AR20140006101





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ABCMR Record of Proceedings (cont)                                         AR20140006101



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