IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150000957 


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 (SWA).

2.  The applicant states he was assigned to the 516th Maintenance Company. On 15 October 1990, he deployed to SWA.  He served in Saudi Arabia and he redeployed on 6 April 1991.  He states that adding this overseas information to his DD Form 214 is vital to provide support for his claim for veterans' benefits.

3.  The applicant provides copies of his DA Form 2A (Personnel Qualification Record – Part I), assignment orders, and 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 enlisted in the Regular Army (RA) on 28 July 1986 for a period of 3 years.

   a.  Upon completion of training he was awarded military occupational specialty 76P (Materiel Control and Accounting Specialist).  He was promoted to the rank of specialist (SPC)/pay grade E-4 on 1 September 1988.

   b.  He reenlisted in the RA on 4 May 1989 for a period of 4 years.

3.  His DA Form 2-1 (Personnel Qualification Record) shows, in pertinent part, in:

* item 5 (Oversea Service):  Panama from 3 August 1989 through 5 April 1990
* item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* Overseas Service Ribbon
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

* item 35 (Record of Assignments):

* Casual, unit permanent change of station (PCS) to Germany, effective 
8 December 1987
* Headquarters and Headquarters Battery (HHB), 6th Battalion, 
43rd Air Defense Artillery (ADA), Germany, from 16 January 1988 through 1 July 1989
* Casual, enroute to Panama, effective 2 July 1989
* Company C, 1st Battalion, 228th Aviation Regiment, Panama, from
10 August 1989 through 4 April 1990
* Casual, enroute to continental United States (CONUS), Fort Bliss, TX, effective 5 April 1990
* 516th Maintenance Company, 3rd Battalion, 43rd ADA, Fort Bliss, TX, from 25 April 1990 through 3 September 1991
* HHB, 2nd Battalion, 7th ADA, Fort Bliss, TX, effective 4 September 1991

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 6 January 1992.  He had completed 5 years, 5 months, and 9 days of net active service during this period.  It also shows in:

* item 12 (Record of Service), block f (Foreign Service):  0 years, 8 months, and 3 days
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Overseas Service Ribbon
* National Defense Service Medal

* item 18 (Remarks) does not show he deployed with his unit to a foreign country

5.  In support of his request the applicant provides the following documents:

   a.  his DA Form 2A, dated 8 August 1991, that shows in:

* Section III (Unit Data):  516th Maintenance Company, 25 April 1990
* Section IV (Service Data):

* item 14 (Date Eligible to Return from Overseas):  15 April 1991
* item 16 (Last Combat Tour/Date):  Saudi Arabia, April 1991

   b.  Headquarters, United States Army South, Orders 82-29, dated 29 March 1990, as amended by Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX, 1st Indorsement, dated 25 April 1990, that assigned the applicant to the
516th Maintenance Company, 3rd Battalion, 43rd ADA, Fort Bliss, TX, on 
25 April 1990.

   c.  Headquarters, 11th ADA Brigade, Fort Bliss, TX, Assignment Memorandum, Number 239-019, dated 27 August 1991, that assigned him to HHB, 2nd Battalion, 7th ADA, Fort Bliss, TX, on 4 September 1991.

6.  A review of the Persian Gulf War Roster shows the applicant served in SWA in support of Operation Desert Shield/Storm with the 516th Maintenance Company (WB13AA) from 15 October 1990 to 6 April 1991.

7.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he desired correction of his records to show his other unit deployments and the awards and decorations associated with his service. The applicant provided an affirmative response indicating that he wanted his 
DD Form 214 corrected to show all of his foreign service and authorized awards.
8.  Headquarters, Department of the Army, General Orders Number 27, dated 
27 December 1994, awarded the Valorous Unit Award to HHB, 11th ADA Brigade and assigned and attached units, including the 3rd Battalion, 43rd ADA, for the period 17 January 1991 to 1 March 1991.

9.  An additional review of the applicant's military personnel records revealed a Joint Task Force South "Operation Just Cause" certificate that shows the Commanding General, Joint Task Force South, and Commander-in-Chief, Southern Command, recognized the applicant for his participation in the defense and stabilization of the Republic of Panama as a member of Joint Task Force South, United States Southern Command, from 20 December 1989 to 
20 January 1990.

   a.  This review failed to reveal evidence that he was awarded the Armed Forces Expeditionary Medal (AFEM), Southwest Asia Service Medal (SWASM), or the Kuwait Liberation Medals (KLM).

   b.  It also failed to reveal evidence that he was awarded the Army Good Conduct Medal (AGCM).  Further review failed to reveal any adverse or derogatory information, or evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

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

	a.  The AGCM 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 AGCM, disqualification must be justified.  

   b.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.
	
	c.  Table 2-3 (AFEM - Designated U.S. Military Operations) shows the AFEM was authorized for service in Panama - Operation Just Cause from 20 December 1989 to 31 January 1990.

	d.  The SWASM is awarded to members of the Armed Forces of the United States who participated in Operation Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  

	 	(1)  A bronze service star is authorized for wear with this service medal for participation in each credited campaign.

    	(2)  Table B-1 contains a list of SWA Conflict campaigns and shows that during the applicant's tour in SWA participation credit was awarded for the following campaigns:

* Defense of Saudi Arabia (2 August 1990 - 16 January 1991)
* Liberation and Defense of Kuwait (17 January - 11 April 1991)

	e.  The Kuwait Liberation Medal (KLM) awarded by the Kingdom of Saudi Arabia (KLM–SA) was approved on 3 January 1992 and was 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 KLM awarded by the Government of Kuwait (KLM–K) was approved on 9 November 1995 and was 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.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

   a.  item 12, use extreme care in completing this block since post-service benefits, final pay, and retirement credit are based on the information contained herein.  For block f, enter the total amount of foreign service completed during the period covered in item 12, block c.  For enlisted Soldiers, obtain the foreign service listed in item 5 of the DA Form 2-1 to compute this entry.  If necessary, verify the foreign service in the military personnel records;

	b.  item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; and


	c.  item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his foreign service and all of his authorized awards.

2.  Records show the applicant deployed overseas with his unit, as follows:

* departed CONUS enroute to Germany on 8 December 1987
* departed Germany enroute to Panama on 2 July 1989
* departed Panama/arrived in CONUS on 5 April 1990
* served in SWA from 15 October 1990 through 6 April 1991

   a.  A calculation of the applicant's foreign service shows the following:

	1990  04  05		date returned to CONUS from Panama
         - 1987  12  08		date departed CONUS for Germany
         =    02  03  27
         +                  1		day inclusive
         =    02  03  28  	total foreign service (Germany/Panama)


1991  04  06  	date returned CONUS from SWA
         - 1990  10  15  	date departed CONUS for SWA
         =    00  05  21
         +                  1  	day inclusive
         =    00  05  22  	total foreign service (SWA)


   02  03  28 	foreign service (Germany/Panama)
    +  00  05  22  	foreign service (SWA)
         	 =	02  08  50 	or 2 years, 9 months, 20 days of total foreign service
   
   b.  Thus, item 12, block f of his DD Form 214 should be corrected to show his total foreign service.  In addition, item 18 of his DD Form 214 should be corrected to show the periods of his foreign service while deployed with his unit in Panama and SWA.  (His unit did not deploy to Germany, rather underwent a unit PCS.  Therefore, this overseas service should not be entered in item 18.)


3.  The evidence of record shows the applicant's service in support of:

   a.  Operation Just Cause in Panama qualified him for award of the AFEM;

   b.  Operation Desert Shield/Storm in SWA qualified him for award of the:

    	(1)  SWASM with 2 bronze service stars based on participation in two campaigns; and

    	(2)  the KLM-SA and the KLM-K.

4.  Records show the applicant's unit was awarded the Valorous Unit Award.

5.  The applicant served a period of continuous, honorable active duty enlisted service from 28 July 1986 through 6 January 1992.

   a.  There is no evidence of any disciplinary action, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He attained the rank of SPC/E-4.

	c.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 28 July 1986 through 27 July 1989.

6.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service and awards, as recommended below.

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 
28 July 1986 through 27 July 1989 (Standard Name Line:  SPC  Headquarters and Headquarters Battery, 6th Battalion, 43rd Air Defense Artillery); 

   b.  deleting the current entry from item 12, block f of his DD Form 214 and adding the entry:  "02  09  20"  (i.e., 2 years, 9 months, 20 days);

	c.  adding the following awards to item 13 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* Southwest Asia Service Medal with 2 bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Valorous Unit Award

	d.  adding to item 18 of this DD Form 214 the entries:

* SERVICE IN PANAMA FROM 19890803–19900405
* SERVICE IN SOUTHWEST ASIA FROM 19901015–19910406



      _______ _   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)                                         AR20150000957



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ABCMR Record of Proceedings (cont)                                         AR20150000957



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