IN THE CASE OF:  	  

		BOARD DATE:  5 February 2015	  

		DOCKET NUMBER:  AR20140010764 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 15 October 1991, be corrected to show:

	a.  foreign service of 1 year and 9 months (combining 16 months for his tour in Germany from a previous enlistment and 5 months in Southwest Asia (Saudi Arabia/Kuwait/Iraq) from his last enlistment).

	b.  the addition of the Kuwait Liberation Medal of Kuwait and the Kuwait Liberation Medal of Saudi Arabia.

2.  The applicant states the foreign service reflected on his DD Form 214 is not accurate and the two awards he has requested are missing because he was discharged before they could be added.

3.  The applicant provides two DD Forms 214 and an extract from a DA Form 
2-1 (Personnel Qualification Record - Part II).

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 first enlisted in the Regular Army on 1 April 1984.  After completing initial training he was awarded military occupational specialty (MOS) 95B (Military Police).

3.  His DA Form 2-1 shows, during this enlistment, he served in Germany from on or about 23 October 1985 to on or about 26 February 1987 (a period of 1 year, 4 months, and 3 days).

4.  He was honorably released from active duty on 27 February 1987.  His DD Form 214 shows a total of 2 years, 10 months, and 24 days of net active service.  Item 12f (Foreign Service) shows 1 year, 4 months, and 3 days.

5.  On 8 February 1989, he enlisted again in the Regular Army.  He successfully completed training as a Power Generation Equipment Repairer and was awarded MOS 52D.  

6.  His DA Form 2-1 shows he was deployed to Saudi Arabia for the period on or about 7 January 1991 to on or about 12 May 1991 (a period of 4 months and 6 days).  He has qualifying service for three campaigns:

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

6.  He was honorably discharged from active duty on 15 October 1991.  His DD Form 214 shows a total of 2 years, 8 months, and 8 days of net active service for this period.  Item 12f shows 4 months and 6 days of foreign service.  He was awarded or authorized:

* Joint Service Commendation Medal
* Army Commendation Medal
* Army Achievement Medal (4th Award)
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Noncommissioned Officer's Professional Development Ribbon with "1" Device
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button

7.  Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards.  It states:

	a.  One bronze service star will be worn on the Southwest Asia Service Medal for participation in each designated campaign.

	b.  Kuwait Liberation Medal 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.

	c.  Kuwait Liberation Medal 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.

8.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214.  It states, in pertinent part, item 12f will show the total amount of foreign service performed during the period covered by block 12c (Net Active Service This Period). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 15 October 1991 should show both his foreign service in Germany (served during his first enlistment) and his foreign service in Southwest Asia.  Army Regulation 635-8, however, states the foreign service reflected on the DD Form 214 is only for the period of service shown on that DD Form 214.  As verified by his DA Form 2-1, the number of months and days is accurately shown, as such no correction is required.

2.  The applicant shows qualifying service for, and his DD Form 214 should be amended, to show the following:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal of Kuwait
* Kuwait Liberation Medal of Saudi Arabia
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:

	a.  deleting from his DD Form 214 for the period ending 15 October 1991 the Southwest Asia Service Medal with two bronze service stars and

	b.   adding to his DD Form 214 ending 15 October 1991 the awards of the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal of Kuwait
* Kuwait Liberation Medal of Saudi Arabia

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 the foreign service reflected on the DD Form 214 for the period ending 15 October 1991 to show 1 year and 9 months.




      ___________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)                                         AR20140010764





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ABCMR Record of Proceedings (cont)                                         AR20140010764



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