IN THE CASE OF:	   

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017540 


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 the Iraq Campaign Medal with two campaign stars, Global War on Terrorism Service Medal, and Korea Defense Service Medal. 

2.  The applicant states the awards were created after his retirement. 

3.  The applicant provides his 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.  The applicant is a retired Regular Army (RA) sergeant first class (SFC)/E-7.  He enlisted in the RA on 21 June 1983 and held military occupational specialties 93B (Aero-scout Observer) and 93P (Aviation Operations Specialist). 

3.  He served through multiple reenlistments in a variety of stateside or overseas assignments, including: 

* Germany, 16 October 1983 to 4 June 1987
* Saudi Arabia, 27 August 1990 to 26 March 1991
* Korea, 16 November 1992 to 10 November 1993
* Korea, 9 July 1997 to 9 July 1998 
* El Salvador, 21 November 1998 to 7 February 1999 (temporary duty (TDY))
* Bosnia, 27 June 1999 to 9 March 2000
* Korea, 14 October 2001 to 10 October 2002
* Kuwait/Iraq, 1 March 2003 to 5 July 2003

4.  He retired on 31 December 2003 and he was placed on the Retired List in his retired rank/grade of SFC/E-7 on 1 January 2004.  His DD Form 214 shows he completed 20 years, 6 months, and 10 days of active service. 

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

* Army Achievement Medal (5th Award)
* Bronze Star Medal
* Meritorious Service Medal (2nd Award)
* Air Medal with "V" Device (2nd Award)
* Joint Service Commendation Medal
* Army Commendation Medal (8th Award)
* Joint Meritorious Unit Award
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal (2nd Award)
* Southwest Asia Service Medal with 2 bronze service stars
* Humanitarian Service Medal
* Noncommissioned Officer Professional Development Ribbon with  Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (4th Award)
* Saudi Kuwait Liberation Medal
* Senior Aircraft Crewman Badge
* Driver and Mechanic Badge 
6.  Item 18 (Remarks) shows the entries “Service in Southwest Asia 19900827 to 19910326" and "Served in Operation Iraq Freedom from:  1 March 2003 to
5 July 2003.”

7.  His pay records at the Defense Finance and Accounting Service show he received hostile fire pay/imminent danger pay (HFP/IDP) and combat zone tax exclusion (CZTE) for service in Kuwait from 2 March 2003 to 4 July 2003. 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 states Item 13 lists all awards and decorations from the Soldier's records; and for block 18, for Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Korea Defense Service Medal 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.

	b.  The Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in the Former Republic of Yugoslavia, Operations Joint Forge, from 21 June 1998 to a date to be determined. 

	c.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	d.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-31 August 2010)
* New Dawn (1 September 2010-31 December 2011)

	e.  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.

	f.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea multiple times, from November 1992 to November 1993, July 1997 to July 1998, and October 2001 to October 2002.  He served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show it. 

2.  The applicant served in Bosnia from 27 June 1999 to 9 March 2000.  This entitled him to award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award (in item 13) and this service (in item 18). 

3.  The applicant served a qualifying period of service for award of the Global War on Terrorism Service Medal and is entitled to correction of his 
DD Form 214 to show this award. 

4.  The applicant served in Kuwait/Iraq from 1 March 2003 to 5 July 2003.  These dates are consistent with his pay records that show he received HFP/IDP and CZTE for service in Kuwait from 2 March 2003 to 5 July 2003.  Based on this service he is entitled to award of the Iraq Campaign Medal with two bronze service stars to designate his participation in two campaigns and correction of his DD Form 214 to show this award.  

5.  The applicant served in Southwest Asia from 27 August 1990 to 26 March 1991.  He qualified for award of the Kuwait Liberation Medal awarded by Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  As a matter of clarity, the entry "Saudi Kuwait Liberation Medal" should be deleted from his DD Form 214 and replaced with these two awards. 

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:

* deleting from item 13 of his DD Form 214 the entry "Saudi Kuwait Liberation Medal" and adding the: 

* Korea Defense Service Medal 
* Armed Forces Expeditionary Medal (Bosnia)
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with two bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)








* adding to item 18 of his DD Form 214 the entry "Service in Bosnia 19990627 to 20000309"



      _______ _   _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)                                         AR20140017540





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ABCMR Record of Proceedings (cont)                                         AR20140017540



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