IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140017639 


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 foreign service in Southwest Asia and completion of high school. 

2.  The applicant states he served in Southwest Asia and he completed high school. 

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and a high school diploma.

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 29 March 1978.  Item 22 (Education) of his DD Form 1966/2 (Record of Military Processing) shows he attended high school in Missouri from 1975 to 1977 but he did not graduate.

3.  He completed basic combat and advanced individual training and he was awarded an infantry military occupational specialty.  He served in Korea from 9 August 1978 to 11 August 1979.  

4.  He was honorably released from active duty on 27 March 1981.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligations.  His DD Form 214 shows in:

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Bar, Jungle Expert Badge, and Good Conduct Medal 
* item 16b (High School Graduate or Equivalent) an "X" in the "No" block, indicating he was not a high school graduate at the time of separation

5.  He reenlisted in the USAR on 14 January 1984 and served through multiple reenlistments.  He served mainly with the 624th Engineer Platoon/Detachment, Granite City, IL, and the 245th Maintenance Company, St. Louis, MO. 

6.  He was ordered to active duty in support of Operation Desert Storm on 12 September 1990.  He was honorably released from active duty on 1 May 1991.  His DD Form 214 shows in: 

* Item 13, the Army Good Conduct Medal, Army Service Ribbon, Army Reserve Component Overseas Training Ribbon, Army Reserve Component Achievement Medal (2nd Award), National Defense Service Medal, Jungle Expert Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar
* item 15b (High School Graduate or Equivalent) an "X" in the "Yes" block
* item 18 (Remarks), the entries "Ordered to active duty in support of Operation Desert Shield/Storm" and "Service in Southwest Asia [19]901001 to [19]910404" 

7.  On 19 March 1992, he was issued a DD Form 215 that added the Southwest Asia Service Medal with two bronze services stars.

8.  He provides a diploma that confirms he completed high school in 1981. 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Item 15b shows an "X" in the appropriate block and is taken from the Soldier's records.  

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

	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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense

	b.  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.

	c.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides a diploma that confirms completion of high school in 1981.  He entered active duty in September 1990 and he was honorably released from active duty on 1 May 1991.  Item 15b on this DD Form 214 correctly shows he completed high school.  At the time of his first period of active duty, he had not completed high school which is accurately reflected on his DD Form 214 ending on 27 March 1981.  Therefore, his two DD Forms 214 accurately reflect his high school graduate status at the time of the creation of the form and no correction is required.  

2.  He served in Korea from August 1978 to August 1979.  This period of service qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show it.

3.  He served in Southwest Asia from 1 January to 1 April 1990.  This period of service qualifies him for award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the 

Government of Kuwait.  Therefore, his DD Form 214 should be corrected to show the Kuwait Liberation Medal (Saudi Arabia) and Kuwait Liberation Medal (Kuwait). 

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 to item 13 of his DD Form 214, ending on 1 May 1991 the Korea Defense Service Medal, Kuwait Liberation Medal (Saudi Arabia), and Kuwait Liberation Medal (Kuwait)



      _______ _   __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)                                         AR20140017639



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ABCMR Record of Proceedings (cont)                                         AR20140017639



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