IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000091 


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 item 12f (Foreign Service) of his DDForm 214 (Certificate of Release or Discharge from Active Duty) to show his service in Iraq for the period 1 January to mid July 1990.

2.  The applicant states he served in Iraq from 1 January to mid July 1990 which is not reflected in item 12f of his DD Form 214; however, item 18 (Remarks) of his DD Form 214 lists his service in Southwest Asia from 1 January to 17 May 1991.

3.  The applicant provides no additional evidence.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant lists an individual as Counsel, he did not render a request on the applicant's behalf.

2.  Counsel provides no additional statement. 

3.  Counsel provides no additional evidence.

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 12 August 1986.  He completed training and was awarded military occupational specialty 94B (Food Service Specialist).  On 9 August 1991, he was honorably released from active duty at the expiration of his term of service and transferred to a U.S. Army Reserve (USAR) unit in Fraser, MI.  The DD Form 214 he was issued shows in item 12f the entry "00 00 00" and in item 18 the entry "SERVICE IN SWA 1 JAN 1991 TO 17 MAY 1991."  This form further shows he was awarded the:

* Army Service Ribbon
* Army Commendation Medal
* Overseas Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

3.  The applicant's record contains a DA Form 2-1 (Personnel Qualification Roster).  Item 5 (Overseas Service) shows he served in Germany for the period 27 April 1988 to 6 September 1991 (a period of 3 years, 4 months, and 11 days). This form further shows he served in Southwest Asia for the period 31 December 1990 to 17 May 1991.  Item 18 (Appointments and Reductions) shows he entered service in the rank/grade of private/E-1 and he was released from active duty in the rank/grade of specialist (SPC)/E-4.  There is no indication he was ever reduced in rank/grade during his period of service. 

4.  His records do not contain official orders awarding him the Army Good Conduct Medal nor do they contain any reference of disqualification for award of the Army Good Conduct Medal.

5.  The applicant's name is listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center.  The primary Operations Desert Shield/Desert Storm Database file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  This database shows he was deployed to Southwest Asia from 11 January through 31 July 1991 (a period of 6 months and 21 days).

6.  Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It states for:

	a.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards) with each entry verified by the Soldier's records; and

	c.  item 18 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 country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

7.  Army Regulation 600-8-22 also states:

   a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

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

   b.  The Kuwait Liberation Medal - Saudi Arabia 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.  Additionally, this regulation also states the Kuwait Liberation Medal - Kuwait 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 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.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence contained in the applicant's record shows he served in Germany from 27 April 1988 to 6 September 1991 (a period of 3 years, 4 months, and 11 days).  While stationed in Germany, he deployed with his unit in support of Operations Desert Shield/Desert Storm.  Therefore, item 12f of his DD Form 214 should be amended to reflect his foreign service of 3 years, 4 months and 11 days.  

2.  Based on his service in Southwest Asia from 11 January to 31 July 1991 as documented by the Operations Desert Shield/Desert Storm Database, item 18 of his DD Form 214 should be corrected to show the full length of his foreign service in Southwest Asia.

3.  He participated in three campaigns while serving in Southwest Asia.  Therefore, he is entitled to correction of his DD Form 214 to show award of three bronze service stars on his previously-awarded Southwest Asia Service Medal.

4.  The evidence shows he served a qualifying period of time in a designated location to qualify for award of both the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, he is entitled to have his DD Form 214 corrected to show these foreign awards.

4.  The applicant was promoted to SPC/E-4 and there is no record of any disciplinary action taken against him or a justification of disqualification for award of the Army Good Conduct Medal.  Based on his overall record of service it appears an administrative error occurred resulting in failure to award him the first award of the Army Good Conduct Medal prior to his discharge.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award), for the period 12 August 1986 through 11 August 1989, and to 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period from 12 August 1986 through 11 August 1989;
   
   b.  deleting the Southwest Asia Service Medal with 2 bronze service stars and deleting the entry "SERVICE IN SWA 1 JAN 1991 TO 17 MAY 1991" from his DD Form 214;

   b.  adding the entry "03  04  11" to item 12f of his DD Form 214 and the entry "SERVICE IN SWA 11 JAN 1991 TO 31 JUL 1991" to item 18 of his DD Form 124; and
   
   c.  adding the Southwest Asia Service Medal with three bronze service stars,  Kuwait Liberation Medal – Saudi Arabia, Kuwait Liberation Medal – Kuwait, and Army Good Conduct Medal (1st Award) to item 13 of his DD Form 214. 



      _______ _   __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)                                         AR20150000091





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ABCMR Record of Proceedings (cont)                                         AR20150000091



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