IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150004452 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 inclusion of his period of foreign service in Southwest Asia from 24 January 1991 to 1 May 1991 and his Legion of Merit on his 30 November 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states these items were overlooked at the time of his retirement. The Legion of Merit was not presented until after his DD Form 214 was prepared. 3. The applicant provides copies of a 1991 Army Commendation Medal Certificate and DA Form 638 (Recommendation for award), a Legion of Merit Certificate and DA Form 638, 2 pages of a DA Form 2–1 (Personnel Qualification Record – Part II), and his 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 on 10 February 1988 and served in an enlisted status until 11 February 1998. 3. His records show that during his period of enlisted service, he served in Southwest Asia during Operation Desert Storm from 17 January 1991 to 1 May 1991. 4. Headquarters, United States Army Infantry Center, Fort Benning Permanent Orders Number 069-237, dated 10 March 1997, awarded the applicant Pathfinder Badge. 5. His 11 February 1998 DD Form 214 lists his awards as the Army Commendation Medal (2nd Award), Army Achievement Medal (3rd Award), Army Good Conduct Medal (3rd Award), National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal-Kuwait, Kuwait Liberation Medal-Saudi Arabia, Noncommissioned Officer's Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, Parachutist Badge, Air Assault Badge, and Ecuadorean Parachutist Badge. It also records in item (Remarks) his service in Southwest Asia from 22 January 1991 to 1 May 1991. 6. The applicant was appointed a warrant officer one on 12 February 1998 and had continuous active duty until his voluntary retirement on 30 November 2010. 7. Headquarters, Eight Army Permanent Orders Number 292-2, dated 19 October 2010 awarded him the Legion of Merit. A copy of these orders are filed in the applicant's official records. 8. His 30 November 2010 DD Form 214 lists his awards as the Bronze Star Medal, Joint Service Commendation Medal, Meritorious Service Medal (4th Award), Army Commendation Medal (3rd Award), Joint Service Achievement Medal, Army Achievement Medal (3rd Award), Valorous Unit Award, Army Good Conduct Medal (3rd Award), National Defense Service Medal (2nd Award), Southwest Asia Service Medal with 3 bronze service stars, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Korean Defense Service Medal, Iraq Campaign Medal with 3 bronze service stars, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (7th Award), Kuwait Liberation Medal-Kuwait, Kuwait Liberation Medal-Saudi Arabia, Combat Action Badge, Pathfinder Badge, Parachutist Badge, and the Air Assault Badge. Item 18 shows he served in Iraq from 19 February 2003 to 23 May 2003, from 21 January 2004 to 5 October 2004, and from 22 November 2004 to 12 March 2005. 9. Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and stated a DD Form 214 is a summary of a Soldier's most recent period (emphasis added) of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. However, the instructions for block 13 (Decorations, Medals, Badges, Citation, and Campaign Ribbons Awarded or Authorized) requires listing of all awards for all periods (emphasis added) of service. DISCUSSION AND CONCLUSIONS: 1. The applicant's period of service in Southwest Asia from 22 January 1991 to 1 May 1991 is recorded on his enlisted (11 February 1998) DD Form 214 at item 18 (Remarks). Since that deployment did not occur during the period covered by the subsequent DD Form 214, it is not an entry authorized for inclusion on his 30 November 2010 DD Form 214. 2. The applicant's award of the Pathfinder Badge was omitted from his 11 February 1998 DD Form 214. 3. The applicant's award of the Legion of Merit and Ecuadorean Parachutist Badge were omitted from his 30 November 2010 DD Form 214. 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. adding the Pathfinder Badge to the applicant's authorized awards on his 11 February 1998 DD Form 214; b. adding the Legion of Merit and the Ecuadorean Parachutist Badge to the applicant’s 30 November 2010 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 including his period of foreign service in Southwest Asia on his 30 November 2010 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) AR20150004452 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004452 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1