BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140009892 


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 his date of birth (DOB) as "1969XXXX" vice "1960XXXX" and to show his foreign service in Southwest Asia.

2.  The applicant states his DD Form 214 listed his DOB incorrectly and omitted his foreign service.  

3.  The applicant provides a certificate of live birth.

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 7 January 1992.  His 
DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his DOB as "XX JuXX 1969."

3.  He was released from active duty on 6 January 1996 after completing 4 years of net active service, of which 2 years and 22 days were credited as foreign service.  Additionally –   

	a.  Item 5 (DOB) shows his DOB as "1960XXXX";

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not list the Southwest Asia Service Medal or the Army Good Conduct Medal.  

	c.  Item 18 (Remarks) does not include any comments that would indicate he served in Southwest Asia.

4.  He provided a copy of a birth certificate that contains his name and shows his birth year as 1969.

5.  The Gulf War Deployment Roster is a record of Soldiers who participated in Operations Desert Shield and Desert Storm, who served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995.  This roster shows the applicant served in Southwest Asia from 1 March 1995 to 31 May 1995. 

6.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter    2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, 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 campaigns are:

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

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 4 and birth certificate show he was born in 1969.  It appears a mistake was made during the preparation of his DD Form 214 and that mistake resulted in his DOB being listed as 1960 vice 1969.  Therefore, he is entitled to correction of his DD Form 214 to show his correct year of birth.

2.  The evidence of record shows he served in Southwest Asia from 1 March 1995 to 31 May 1995.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.  

3.  As a related issue, he served during a qualifying period for award of the Southwest Asia Service Medal and participated in one campaign.  Therefore, he is entitled to correction of his DD Form 214 to show the Southwest Asia Service Medal with 1 bronze service star.  

4.  He served honorably on active duty from 7 January 1992 through 6 January 1996.  He completed 4 years of creditable active service and was honorably released from active duty.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his 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 him the Army Good Conduct Medal (1st Award) for the period 
7 January 1992 to 6 January 1995;

	b.  amending his DD Form 214 by – 

* correcting item 5 to show his DOB as it's shown on his DD Form 4 
* correcting item 13 to show he was awarded or authorized the Southwest Asia Service Medal with one bronze service star and the Army Good Conduct Medal (1st Award)
* correcting item 18 to add the entry "SERVICE IN SOUTHWEST ASIA FROM 19950301 – 19950531"  



      _________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)                                         AR20140009892





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ABCMR Record of Proceedings (cont)                                         AR20140009892



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