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		IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016476 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the following awards:

* Armed Forces Expeditionary Medal with one bronze service star
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

2.  The applicant states, in effect:

* he believes the above-mentioned awards were authorized after he was released from active duty
* he is currently a commissioned officer with the U.S. Public Health Service (USPHS)
* although USPHS is not an armed service, there is a strict uniform policy
* on his initial assignment in the USPHS he wore the standard Operational Dress Uniform 
* recently he transferred to an administrative billet which requires frequent wear of the service dress blue jacket, a uniform requiring the display of awards
* in preparation for his new assignment, he reviewed his DD Form 214 and noticed the absence of the above-stated awards




3.  The applicant provides:

* DD Form 214
* Documents showing his appointment as a USPHS officer and transfer to an administrative position
* memorandum, dated 11 December 1991, from the Personnel Service Noncommissioned Officer (PSNCO) for the 3rd Battalion, 504th Parachute Infantry Regiment, subject: Participation in Operations Just Cause, Desert Shield, and Desert Storm

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 21 July 1988.  After completing one station unit training, he was awarded military occupational specialty 11B (Infantryman).  The highest rank/grade held was specialist four/E-4.  His first and only assignment while on active duty was with Company B, 3rd Battalion, 504th Parachute Infantry Regiment.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II), shows he served in Southwest Asia (SWA) from 18 August 1990 to 2 April 1991, but does not show he deployed in 1989 to Panama in support of Operation Just Cause.

4.  He was honorably released from active duty on 2 January 1992.  His 
DD Form 214 shows:

	a.  He completed 3 years, 4 months, and 29 days of net active creditable service, with 7 days of lost time.

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Army Service Ribbon
* Combat Infantryman Badge
* Expert Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Lapel Button

	c.  Item 18 (Remarks), “Service in SWA:  900818-910402.”

5.  The applicant provides a memorandum, dated 11 December 1991, from the Personnel Service Noncommissioned Officer for the 3rd Battalion, 504th Parachute Infantry Regiment, which essentially verifies the applicant's participation in the following:

	a.  Operation Just Cause, Panama, from 10 December 1989 to 9 January 1990.

	b.  Operations Desert Storm/Desert Shield, from 19 August 1990 to 2 April 1991.

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

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.  

	b.  The 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.

	c.  The 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.

7.  Department of the Army General Order (DAGO) Number 27, dated 1994, awarded the Meritorious Unit Commendation to the 3rd Battalion (Airborne), 504th Infantry, for the period 18 August 1990 to 7 April 1991.

DISCUSSION AND CONCLUSIONS:

1.  Although his record does not show he deployed in 1989 to Panama in support of Operation Just Cause, the applicant provides a memorandum from the battalion PSNCO which asserts his participation.  This document appears valid and, as such, can be accepted as proof of his participation.  Given this evidence, the applicant is authorized the Armed Forces Expeditionary Medal.  His DD Form 214 should be amended to show this award.

2.  His DD Form 214 clearly shows he deployed to Southwest Asia during the authorized periods for the Kuwait Liberation Medal - Saudi Arabia and Kuwait Liberation Medal - Government of Kuwait.  The memorandum cited above also verifies his participation in support of Operations Desert Storm/Desert Shield.  As such, his DD Form 214 should correct to add these two awards.

3.  DAGO 27 awarded the applicant's unit the Meritorious Unit Commendation while he was assigned.  His DD Form 214 should be updated to reflect 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 adding the following awards to his DD Form 214:

* Armed Forces Expeditionary Medal 
* Kuwait Liberation Medal - Saudi Arabia

* Kuwait Liberation Medal - Government of Kuwait
* Meritorious Unit Commendation



      _______ _   _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)                                         AR20140016476





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ABCMR Record of Proceedings (cont)                                         AR20140016476



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