IN THE CASE OF:	  

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150003123 


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 following awards:

* National Defense Service Medal (NDSM) (3rd Award)
* Southwest Asia Service Medal (SWASM)
* Global War on Terrorism Service Medal (GWOTSM)
* Korea Defense Service Medal (KDSM)

2.  The applicant states that based on his service in Operation Iraqi Freedom, Southwest Asia (Saudi Arabia), and Korea he is authorized these service medals.  Some of the awards were instituted after his retirement but retroactively covered operations and time periods in which he served.  In regards to the SWASM, he contends that a significant portion of his battalion (company(+)) was deployed to Saudi Arabia as part of Operation Desert Sentry to provide ground security for the 3rd Battalion, 43rd Air Defense Artillery (Patriot), from June to November 1992.  On separate temporary duty (TDY) orders, he deployed midway through this element’s tour (for nearly 3 weeks) to inspect the operation and spend time with his Soldiers.

3.  The applicant provides his:

* DD Form 214/DD Form 215 (Correction to DD Form 214)
* Officer Record Brief (ORB)
* Officer Evaluation Report (OER) Support Form (1992-1993)
* Distinguished Service Medal (DSM) Certificate and Citation
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 was appointed as a second lieutenant in the Regular Army on 6 June 1973.  He completed over 29 years of active duty service and retired on 31 August 2002 in the rank and pay grade of colonel (COL)/O-6.  His DD Form 214 shows he was awarded or authorized:

* Legion of Merit (2nd Award)
* Meritorious Service Medal (5th Award)
* Army Commendation Medal (3rd Award)
* Army Achievement Medal
* Joint Meritorious Unit Award
* NDSM (2nd Award)
* Korean Service Medal (KSM)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Expert Infantryman Badge
* Parachutist Badge
* Ranger Tab
* Office of Secretary of Defense Identification Badge
* Army Staff Identification Badge
* Distinguished Service Medal (DSM) (DD Form 215, dated 9 January 2003)

3.  He provides:

	a.  his ORB which shows he completed overseas tours in Germany (1988) and Korea (1979);

	b.  his DSM Certificate and Citation awarded for exceptionally meritorious service from 1 October 1992 - 30 September 2002, based in part on his "preeminent role articulating the new defense strategy within the President’s 2002 Contingency Planning Guidance"; and

   c.  his OER Support Form, for the period 1992 – 1993, wherein he highlighted the following entries:

* D Company recognized by its supported unit as performing its SWA mission in an outstanding manner; company redeployed without problem
* established strong knit and viable family support groups that have proven their [illegible] and strength during three off-post deployments (SWA, Pinon Canyon, CO and the National Training Center, CA)

4.  The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia in support of military operations during the period 17 August 1990 through December 1995.  This roster does not show that the applicant served in SWA during that period.

5.  A review of his Defense Finance and Accounting Service (DFAS) military pay record failed to show that the applicant received hostile fire/imminent danger pay and combat zone tax exclusion for SWA in 1992.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  It states the:

	a.  NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  This regulation also provides that the second and subsequent awards of the NDSM are denoted by a bronze service star affixed to the NDSM.

	b.  SWASM 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.  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

	c.  GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOT Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  

   d.  KDSM 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	e.  KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the NDSM (3rd Award), SWASM, GWOTSM, and the KDSM be added to his DD Form 214.

2.  The applicant’s DD Form 214 lists two awards of the NDSM.  However, his records confirm he served on active duty during three qualifying periods for this award.  Therefore, he meets the criteria to have his DD Form 214 corrected to reflect the NDSM with two bronze service stars (3rd Award).

3.  He served a qualifying period for award of the GWOTSM.  Therefore, he meets the criteria to have this award added to his DD Form 214.

4.  The evidence of record confirms he was credited with completing a tour in Korea and this period of service qualifies him for award of the KDSM.  His DD Form 214 currently shows the award of the KSM which is an apparent error as the applicant did not serve during a period which qualified him for this award.  Therefore, it would be appropriate to delete the KSM and add the KDSM to his DD Form 214.

5.  He contends that he completed over 3 weeks of temporary duty in Kuwait/Iraq inspecting elements of his organization that deployed in support of Operation Desert Sentry.  Unfortunately his DFAS record failed to corroborate his service in SWA and by his own admission he spent less than the minimum 30 consecutive days/60 nonconsecutive TDY days in country.  There is no evidence he directly participated in actual combat operations with enemy forces.  Therefore, he does not meet the criteria for award of the SWASM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  deleting from item 13 of his DD Form 214 the National Defense Service Medal (2nd Award) and Korean Service Medal, and

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

* National Defense Service Medal (3rd Award)
* Korea Defense Service Medal
* Global War on Terrorism Service Medal

2.  The Board further determined that the evidence presented is 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 adding the Southwest Asia Service Medal.


      _______ _   __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)                                         AR20150003123



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ABCMR Record of Proceedings (cont)                                         AR20150003123



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