IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150002413 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 in effect correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons), the Kuwait Liberation Medal – Kuwait (KLM-KU) and Kuwait Liberation Medal - Saudi Arabia (KLM-SA); b. item 14 (Military Education), successful completion of Air Assault School in June 1997; and c. item 18 (Remarks), service in Southwest Asia from 12 December 1990 to 6 February 1991 instead of from 12 December 1990 to 6 January 1991. 2. He states he did not notice the Air Assault School, KLM-SA and KLM-KU were missing from his DD Form 214 at the time of his separation and attributes the mistake in his foreign service to a typographical error made by the clerk who prepared the form. 3. The applicant provides copies of: * a DD Form 214 * a Certificate of Training 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 11 June 1986. 3. His record contains a DA Form 4980-18 (Army Achievement Medal Certificate) which shows permanent orders awarded him the Army Achievement Medal for meritorious achievement from 3 February to 5 March 1991 while serving at the Grafenwoehr Training Area in Germany. 4. His record contains a DA Form 4980-14 (Army Commendation Medal Certificate) which shows permanent orders awarded him the Army Commendation Medal for meritorious service from 20 July 2000 to 19 July 2001 while serving in the Army Central Command area of responsibility in Kuwait. 5. On 19 January 2004, he was placed on the Temporary Disability Retire List (TDRL) after completing 17 years, 7 months, and 9 days of net active service this period. The DD Form 214 rendered at the time of his retirement contains the following information: * Item 12f (Foreign Service) shows he completed 9 years, 2 months and 7 days of foreign service * Item 13 shows award of or authorization for the: * Army Achievement Medal (10th Award) * Army Commendation Medal (6th Award) * Army Good Conduct Medal (5th Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * Southwest Asia Service Medal with 1 Bronze Service Star * Noncommissioned Officer Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Driver and Mechanic Badge with Driver-W Bar * Item 18 (Remarks) shows he served in Southwest Asia from: * 1 February 1995 to 15 June 1995 * 12 December 1990 to 6 January 1991 * 22 July 2000 to 19 July 2001 6. On 19 July 2007, a Physical Evaluation Board (PEB) determined the applicant remained unfit to reasonably perform the duties required by his previous grade and military specialty and his condition was considered sufficiently stable for final adjudication. The PEB recommended the applicant be assigned a disability rating of 30 percent and that he be retired due to permanent disability. 7. On 6 August 2007, the applicant was removed from the TDRL and place on the Permanent Disability Retirement List. 8. The applicant’s record is void of any evidence showing that he completed Air Assault training or that he was awarded the Air Assault Badge as a result of completing the school. 9. The applicant provides a copy of a 101st Airborne Division (Air Assault), Air Assault School, Certificate of Training, dated 19 June 1997, which indicates that he successfully completed the program requirements of the Air Assault School, thereby earning this certification and the right to wear the Air Assault Badge as a symbol of his achievements. He did not provide a copy of corresponding orders awarding him the Air Assault Badge. 10. The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base. The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 December 1997. The Desert Shield/Storm Data Base indicates the applicant served in Southwest Asia from January to June 1995. 11. The Defense Finance and Accounting Service (DFAS) confirmed that the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for deployment to Saudi Arabia from 7 January 1995 through 8 June 1995 and to Kuwait from 23 July 2000 to 18 July 2001. DFAS has no records of deployments prior to May 1992. 12. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states: a. the KLM-SA 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. b. the KLM-KU 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. 13. 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 the preparation of the DD Form 214. In pertinent part, it states that 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 should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that for: a. 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. b. item 14, the Soldier's military education is obtained from the Soldier's records. It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed. 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)." 14. The Gulf War took place from 2 August 1990 through 28 February 1991. Operation Desert Shield began 2 August 1990 and ended 16 January 1991. Operation Desert Storm began 17 January 1991 and hostilities ceased on 28 February 1991. Operation Desert Storm officially ended on 30 November 1995. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that item 18 of his DD Form 214 should be corrected to show his period of foreign service while deployed to Southwest Asia was from 12 December 1990 to 6 February 1991 instead of from 12 December 1990 to 6 January 1991 was carefully considered. However, his record is void of evidence and he has failed to provide any evidence showing he was deployed there for an additional month. In fact, his Army Achievement Medal Certificate clearly indicates that he was in Grafenwoehr, Germany from 3 February to 5 March 2001. 2. His recognized period of foreign service in Southwest Asia from 12 December 1990 to 6 January 1991 qualified him for award of the KLM-KU; However, there is no evidence showing that he completed a qualifying period of service for award of the KLM-SA. 3. The applicant’s record is void of any evidence showing that he completed Air Assault training or that he was awarded the Air Assault Badge as a result of completing the school. Although the applicant provides a copy of a certificate which indicates that he successfully completed the program requirements of the Air Assault School, he did not provide a copy of corresponding orders awarding him the Air Assault Badge. Unfortunately, the certificate alone is insufficient to warrant correcting his DD Form 214 to show completion of the course and/or award of the badge. 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 adding the KLM-KU to item 13 of his DD Form 214. 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 correction of his DD Form 214 to show award of the KLM-SA and item 18 to show he served in Southwest Asia from 12 December 1990 to 6 February 1991. ____________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) AR20150002413 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002413 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1