IN THE CASE OF:	  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140017998 


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 Southwest Asia Service Medal.

2.  The applicant states the administrative office failed to add this award to his DD Form 214. 

3.  The applicant provides:

* DD Forms 214 ending on 8 October 1992 and 3 January 1996
* Certificate of Service 

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's record shows he enlisted in the U.S. Army Reserve on 29 October 1991.  He was trained in and held military occupational specialty 63H (Track Vehicle Mechanic). 

3.  He enlisted in the Regular Army on 4 January 1993 and he was assigned to the 324th Support Battalion, 24th Infantry Division, Fort Stewart, GA. 

4.  Permanent Orders Number 299-04, issued by Headquarters, 24th Infantry Division, on 26 October 1995, awarded him the Army Commendation Medal for meritorious service from 3 January 1993 to 3 January 1996. 

5.  He was honorably released from active duty in the rank/grade of specialist/E-4 on 3 January 1996.  His DD Form 214 shows he completed 3 years of active service with no lost time.  His DD Form 214 also shows in:

* Item 12f (Foreign Service) the entry "0000-00-00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, and Army Service Ribbon
* Item 18 (Remarks), no entries showing deployment to any location 

6.  He provides a Certificate of Service issued by Headquarters, 24th Infantry Division, in recognition of his faithful and exemplary performance of duty with the Victory Division during Operation Vigilant Warrior from October to December 1994.  This document indicates he participated in one campaign while serving in Southwest Asia.

7.  According to the U.S. Army Center of Military History:

	a.  U.N. Security Council Resolution (UNSCR) 688, passed in April 1991, demanded that the Iraqi leader end the repression of the Iraqi civilian population. Iraqi military bombing and attacks against the Shi'ites in Southern Iraq during the remainder of 1991 and during 1992 indicated Iraq chose not to comply with the U.N. resolution. 

	b.  President George Bush announced on 26 August 1992 a decision by a coalition of U.N. forces to begin surveillance operations in Iraq below the 32nd parallel.  The goal was to ensure Iraq's compliance with UNSCR 688.  To facilitate the monitoring, the coalition barred all Iraqi fixed and rotary wing aircraft from flying over the surveillance area.  With the President's announcement, U.S. Central Command activated Joint Task Force Southwest Asia (JTF-SWA), a command and control unit for coalition forces monitoring the no-fly zone.  The mission was dubbed Operation Southern Watch.  The first Southern Watch sortie was flown on 27 August 1992 - less than 24 hours after the announcement. 

	c.  Initially, Iraq complied with the no-fly restriction, but they began challenging Southern Watch operations after the UN's decision to retain sanctions against Iraq.  In January 1993, four U.N. allies, the United States, Russia, France and the United Kingdom, agreed to work together in enforcing UNSCR 688.  Although Iraq challenged the no-fly zone several times in 1992 and 1993, the first nine months of 1994 passed without incident.  Due to the relative calm in the Operation Southern watch, JTF-SWA began a force drawdown in February 1994, with the redeployment of the 49th Fighter Wing and other assets to the continental United States from Saudi Arabia. The operation consisted of a four-phased redeployment of personnel and equipment, and involved the movement in February of eight F-117's, approximately 300 personnel, and 958 short tons of equipment to home stations in the United States.  In March 1994, JTF-SWA continued the drawdown of forces in support of Operation Southern Watch by redeploying three F-16, three F-15E, and three F-15C aircraft from Dhahran, Saudi Arabia to the United States.

	d.  Southern Watch operations continued without incident until October 1994, when Iraq began troop movements south towards Kuwait, prompting U.S. and coalition forces to react with force deployments into the theater under Operation Vigilant Warrior.  In October 1994, Iraq, upset about continued U.N. sanctions, began a series of verbal threats.  They insisted on a date upon which the sanctions would end.  They deployed a significant number of armored vehicles and mechanized infantry troops to Southern Iraq and to the Kuwaiti border.  Coalition forces responded with increased surveillance operations, deployment of additional aircraft and forces to the area of responsibility, and a firm resolve to deter Iraqi aggression and, if necessary, defend the Arabian Peninsula from attacking Iraqi forces. 

8.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  Bronze service stars are worn with the medal to denote campaign participation.  To be eligible, a service member must meet one or more of the following criteria:

* Be attached to or regularly serving for one or more days with an organization participating in ground or shore (military) operations
* Be attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations
* Be actually participating as a crew member in one or more aerial flights directly supporting military operations in the designated areas
* Be serving on temporary duty for 30 consecutive days or 60 nonconsecutive days; these time limitations may be waived for people participating in actual combat operations

9.  His records do not contain any derogatory information, such as lost time, conviction by court-martial, or nonjudicial punishment which would have disqualified him from receiving his first award of the Good Conduct Medal.  Likewise, his records do not contain a commander's disqualification statement for that award. 

10.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for processing the DD Form 214.  The purpose of the separation document was to provide the individual with documentary evidence of their military service.  It stated the total amount of foreign service completed during the period covered by the DD Form 214 was to be obtained from the Soldier’s records and entered in item 12f.  A later version of the regulation stated 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 County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)" in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant deployed with the 24th Infantry Division and served in Southwest Asia from October to December 1994, a period of 3 months.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service and deployment.  

2.  Based on his service in Southwest Asia from October to December 1994, he met the criteria for award of the Southwest Asia Service Medal with one bronze service star and correction of his DD Form 214 to show this award. 

3.  The applicant served honorably on active duty in the Regular Army from 4 January 1993 through 3 January 1996.  He completed 3 years of creditable active service.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of active Army service and correct his DD Form 214 to show 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:

* deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-03-00"
* awarding him the Army Good Conduct Medal (1st Award) for the period 4 January 1993 through 3 January 1996
* adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award) and Southwest Asia Service Medal with a bronze service star
* adding to item 18 the entry "Service in Southwest Asia 19941001-19941231" 



      ___________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)                                         AR20140017998





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ABCMR Record of Proceedings (cont)                                         AR20140017998



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