IN THE CASE OF:  	  

		BOARD DATE:  3 September 2015	  

		DOCKET NUMBER:  AR20150001868 


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 two of his DD Forms 214 (Certificates of Release or Discharge from Active Duty) pertaining to his awards and decorations for foreign service in Southwest Asia (SWA), the dates he entered active duty (AD) and was released from active duty (REFRAD), and the Army Component.

2.  The applicant states he served in SWA in support of Operation Vigilant Warrior.  However, his DD Form 214 with a separation date of 24 July 1995 does not show he deployed to SWA, award of the Southwest Asia Service Medal (SWASM), or award of the Kuwait Liberation Medals (KLMs).  His DD Form 214 with a separation date of 15 December 1998 shows he entered AD this period on 2 February 1993, but that cannot be correct because it overlaps the separation date on his previous DD Form 214 (24 July 1995).  In addition, the DD Form 214 shows his Army Component as Army National Guard (ARNG), but he was on active duty in the Regular Army (RA) and assigned to the 48th Military Police Detachment (Augmentation), Criminal Investigation Division, Fort Carson, CO, at the time of his separation.

3.  The applicant provides copies of the two DD Forms 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 U.S. Army Reserve (USAR) on 23 March 1991 for a period of 8 years.  He then further enlisted in the RA on 21 August 1991 for a period of 4 years.

3.  Headquarters, 24th Infantry Division, Fort Stewart, GA, Orders 128-079, dated 8 May 1995, with 1st Endorsement, dated 6 July 1995, shows the applicant was REFRAD on 24 July 1995, transferred to Detachment 2, Headquarters and Headquarters Company (HHC), 1st Battalion, 155th Infantry, Brookhaven, MS, and attached to Detachment 1, 1355th Quartermaster Company, St. Louis, MO.

4.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the ARNG of the United States (ARNGUS) and Mississippi ARNG (MSARNG) on 10 July 1995 for a period of 3 years, 7 months, and 28 days, with an effective date of 25 July 1995.

5.  An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the ARNGUS and MSARNG on 25 July 1995 and he was honorably separated on 21 July 1996 for the purpose of enlistment in the Armed Forces of the United States.  He had completed 11 months and 27 days of net service this period.

6.  A DD Form 4 shows the applicant enlisted in the USAR on 22 July 1996 for a period of 3 years.

7.  On 7 December 1996, the Commander, 143rd Transportation Command, Orlando, FL, notified the Commander, U.S. Army Recruiting Station, Ocala, FL, that the applicant's request for conditional release from the USAR for entrance into the RA was approved.

8.  A DD Form 4 shows the applicant enlisted in the RA on 6 January 1997 for a period of 3 years.

9.  Headquarters, Fort Carson, CO, Orders 343-0025, dated 9 December 1998, shows the applicant was REFRAD on 15 December 1998 and transferred to the USAR Control Group (Reinforcement), St. Louis, MO.
10.  A DD Form 4 shows the applicant enlisted in the ARNGUS and FLARNG on 11 December 1998 for a period of 1 year.  On 24 December 1998, the Chief, Military Personnel Division, FLARNG, directed the applicant's DD Form 4 be corrected to show he was administratively assigned to the FLARNG effective 
15 December 1998.

11.  A DD Form 214 shows the applicant was ordered to AD this period on 1 May 2009 in support of Operation Iraqi Freedom, honorably REFRAD on 30 April 2010, and transferred to the MSARNG.  He had completed 1 year of net active service during this period that included 8 months and 22 days of foreign service.

* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows award of the SWASM; it does not show award of the KLM
* Item 18 (Remarks) shows he served in Kuwait/Iraq from 18 June 2009 through 9 March 2010

12.  On 1 April 2015, the Deputy Chief of Staff, Personnel, MSARNG, Jackson, MS, notified the applicant that his eligibility for retired pay had been established upon attaining age 60 (20-Year Letter).

13.  Joint Force Headquarters, Mississippi National Guard, The Adjutant General's Office, Jackson, MS, Orders 155-809, dated 4 June 2015, honorably discharged the applicant from the ARNG on 1 April 2015 and assigned him to the USAR Control Group (Retired Reserve) effective 2 April 2015.

14.  In support of his request the applicant provides the following documents which are also filed in his official military personnel file.

   a.  A DD Form 214 that shows the applicant entered AD this period on 21 August 1991, was honorably REFRAD on 24 July 1995, and transferred to Detachment 2, HHC, 1st Battalion, 155th Infantry, Brookhaven, MS.  He had completed 3 years, 11 months, and 4 days of net active service during this period that included 1 year, 11 months, and 27 days of foreign service.

* Item 13 does not show award of the SWASM or the KLM
* Item 18 does not show he deployed with his unit to a foreign country

   b.  A DD Form 214 that shows the applicant was honorably REFRAD on 15 December 1998 and transferred to the Installation Support Unit, FLARNG, Starke, FL.  It also shows, in pertinent part, that he had completed 3 years, 11 months, and 4 days of total prior active service and 1 year, 5 months, and 11 days of total prior inactive service.  It further shows in:
* item 2 (Department, Component and Branch):  ARMY / ARNG
* item 13 award of the SWASM (it does not show award of the KLM)
* item 12 (Record of Service):

* block a (Date Entered AD This Period):  "1993  02  02"
* block b (Separation Date This Period):  "1998  12  15"
* block c (Net Active Service This Period):  "005  10  14"

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

15.  The Defense Finance and Accounting Service confirmed the applicant received Hostile Fire Pay/Imminent Danger Pay and Combat Zone Tax Exclusion from 14 October 1994 through 2 December 1994 for Kuwait.

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

	a.  The SWASM is awarded to members of the Armed Forces of the United States who served in SWA 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 Southwest Asia Cease-Fire campaign (12 April 1991 - 30 November 1995).

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

17.  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 REFRAD service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  It shows for:

   a.  item 2, the Department entry will be "ARMY."  Authorized entries for component are "RA," "ARNGUS," or "USAR."  Branch codes do not apply to enlisted personnel.

   b.  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.  It also shows for:
   
    	(1)  block a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued;

    	(2)  block b, enter the separation date this period; and

    	(3)  block c, enter the amount of service this period (subtract item 12a from item 12b).

	c.  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

	d.  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 records should be corrected to show his deployment to SWA, all of his authorized awards, RA as his Army Component for the period of service ending on 15 December 1998, and the correct date he reentered the RA and was REFRAD.

2.  The evidence of record shows the applicant served in SWA during the period 14 October 1994 to 2 December 1994 and that he qualified for the SWASM.  The evidence of record also shows he is authorized one bronze serve star for wear on his already awarded SWASM.

3.  The evidence of record fails to show that the applicant's service in SWA in 1994 qualified him for award of the KLM-SA or the KLM-KU.



4.  Concerning correcting his DD Form 214 with a separation date of 15 December 1998 to show his correct active duty entry date and cumulative period of service, the applicant’s contention has merit.  Records show, in pertinent part, the applicant:

* enlisted in the ARNGUS and MSARNG effective 25 July 1995 and separated on 21 July 1996
* enlisted in the USAR on 22 July 1996 and separated on 5 January 1997
* enlisted in the RA on 6 January 1997 and separated on 15 December 1998
* was administratively assigned to the FLARNG effective 15 December 1998
   
   a.  A calculation of the above periods of service shows the following:

	1996  07  21		date separated from ARNGUS / MSARNG
         - 1995  07  25		effective date enlisted in ARNGUS / MSARNG
         =    00  11  26
         +                  1		day inclusive
         =    00  11  27  	inactive service (ARNGUS / MSARNG)


1997  01  05		date separated from USAR
         - 1996  07  22		date enlisted in USAR
         =    00  05  13
         +                  1		day inclusive
         =    00  05  14  	inactive service (USAR)


   00  11  27 	ARNGUS / MSARNG inactive service
    +  00  05  14  	USAR inactive service
         	 =	00  16  41 	or 1 year, 5 months, 11 days total inactive service
   

1998  12  15		date REFRAD
         - 1997  01  06		date enlisted in RA
         =    01  11  09
         +                  1		day inclusive
         =    01  11  10  	net active service this period (RA)
   
   b.  Thus, item 2 of his 15 December 1998 DD Form 214 should be corrected to show his Army Component as "RA."  In addition, item 12, blocks a and c, should be corrected to show the correct date he entered AD this period as 6 January 1997 and net active service this period as 1 year, 11 months, 10 days.  (This correction will not impact his 20-Year Letter or chronological statement of retirement points.)

5.  In view of all of the foregoing, it would be appropriate to correct the applicant's DD Forms 214, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  making the following corrections to his 24 July 1995 DD Form 214, by adding to:

* item 13 the entry:  "SOUTHWEST ASIA SERVICE MEDAL WITH
1 BRONZE SERVICE STAR"
* item 18 the entry:  "SERVICE IN SOUTHWEST ASIA FROM 19941014–19941202"

   b.  making the following corrections to his 15 December 1998 DD Form 214, by deleting the current entry from:

* item 2 and adding the entry "ARMY / RA"
* item 12, block a, and adding the entry:  "1997  01  06"  (6 January 1997)
* item 12, block c, and adding the entry:  "0001  11  10" 

   c.   deleting from item 13 of his 15 December 1998 DD Form 214 the "SOUTHWEST ASIA SERVICE MEDAL" and adding the "SOUTHWEST ASIA SERVICE MEDAL WITH 1 BRONZE SERVICE STAR"; and

   d.  deleting from item 13 of his 30 April 2010 DD Form 214 the "SOUTHWEST ASIA SERVICE MEDAL" and adding the "SOUTHWEST ASIA SERVICE MEDAL WITH 1 BRONZE SERVICE STAR"

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Kuwait Liberation Medals and his REFRAD dates.



      _______ _   _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)                                         AR20150001868



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ABCMR Record of Proceedings (cont)                                         AR20150001868



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