IN THE CASE OF:	  

		BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140010132 


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 the Southwest Asia Service Medal (SWASM), Army Service Ribbon (ASR), Armed Forces Expeditionary Medal (AFEM), and Korea Defense Service Medal (KDSM).

2.  The applicant states:

* he would like to receive the SWASM and ASR because he deployed to Saudi Arabia in 1990 at the beginning of the war
* he deployed to Egypt (Operation Bright Star) in 1986 and he is not sure if an expeditionary medal was awarded or not
* he also deployed to Korea and he would like to receive the KDSM
* his unit clerk overlooked these decorations

3.  The applicant provides:

* correspondence from a Member of Congress, dated 22 May 2014 and 24 September 2014
* 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.  Having prior inactive service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 3 January 1986 for 3 years.  He completed his training and was awarded military occupational specialty 77F (petroleum supply specialist).

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Korea from 14 March 1988 through 13 March 1989 (1 year).

4.  On 12 February 1989, he was honorably discharged for immediate reenlistment.  He reenlisted on 13 February 1989 for 2 years.

5.  The Defense Manpower Data Center compiled the Operations Desert Shield/
Desert Storm data base.  The primary Operations Desert Shield/Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This data base shows he served in Southwest Asia (SWA) from 1 October 1990 to 31 May 1991 (8 months).

6.  On 11 June 1991, he was honorably released from active duty.

7.  His DD Form 214 shows he was awarded or authorized the:

* ASR
* Army Achievement Medal (4th Award)
* Army Good Conduct Medal (1st Award)
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* National Defense Service Medal

8.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 1 year of foreign service.  Item 18 (Remarks) of his DD Form 214 does not show any deployments.

9.  Since his DD Form 214 shows award of the ASR, this portion of his request will not be discussed further in these proceedings.

10.  There are no orders for the AFEM in the available records.

11.  There is no evidence of record and he provided no evidence showing he served in Egypt.

12.  Operation Bright Star is a series of combined and joint 90-day training exercises led by American and Egyptian forces in Egypt every 2 years.  They are designed to strengthen ties between the Egyptian and the U.S. Central Command and demonstrate and enhance the ability of the Americans to reinforce their allies in the Middle East in the event of war.  These deployments usually are centered at the large Cairo West Air Base.  During the period following the liberation of Kuwait (Operation Desert Storm), these exercises have grown larger and have included as many as 11 countries and 70,000 personnel.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The regulation does not show the AFEM was awarded for a designated military operation in Egypt in 1986.

	b.  The SWASM was awarded to members of the Armed Forces of the United States serving in SWA 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)
* SWA Cease-Fire (12 April 1991 to 30 November 1995)

	c.  The KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  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.

	e.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) 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.

14.  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.  It established standardized policy for preparation of the DD Form 214.  The regulation provided that for:

* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's record
* 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)"

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in SWA from 1 October 1990 to 31 May 1991, he is authorized award of the SWASM with three bronze service stars, KLM-SA, and KLM-KU.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  As a related issue, the entry from the Defense Manpower Data Center data is accepted as sufficient evidence in which to correct item 18 of his DD Form 214 to show his dates of service in SWA.  Therefore, item 18 of this DD Form 214 should be corrected to show he served in SWA from 1 October 1990 to 31 May 1991.  In addition, item 12f of his DD Form 214 should be corrected to show he competed 1 year and 8 months of foreign service.

3.  He requested award of the AFEM for his service in Egypt in support of Operation Bright Star in 1986.  However, there is no evidence and he provided no evidence which shows he was deployed to Egypt in 1986.  Operation Bright Star is a biennial training exercise, not a designated military operation approved for award of the AFEM.  Therefore, there is no basis on which to award him the AFEM or add this award to his DD Form 214.

4.  He completed a qualifying period of service for award of the KDSM.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  adding the following awards to his DD Form 214:

* SWASM with three bronze service stars
* KDSM
* KLM-SA
* KLM-KU

	b.  deleting the current entry in item 12f of his DD Form 214 and replacing it with the entry "0001  08  00," and

	c.  adding to item 18 of this DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19901001-19910531."



2.  The Board further determined 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 adding the AFEM to his DD Form 214.



      ____________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)                                         AR20140010132



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ABCMR Record of Proceedings (cont)                                         AR20140010132



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