IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004479 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 award of the Southwest Asia Service Medal and the Armed Forces Expeditionary Medal. 2. The applicant states he was deployed to Kuwait in 1995 with Headquarters and Headquarters Company, 1st Battalion, 5th Cavalry Regiment. 3. The applicant provides: * DD Form 214 * DA Form 2-1 (Personnel Qualification Record) 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 5 January 1994. He completed training and he was awarded military occupational specialty 11B (Infantryman). 3. He was released from active duty on 25 April 1996, in the rank/grade of corporal (CPL)/E-4. He completed 2 years, 3 months, and 21 days of active service. Item 12f (Foreign Service) of his DD Form 214 contains the entry "0000 00 00." Item 18 (Remarks) is void of any indication of foreign service. This form also shows he was awarded or authorized the: * Army Lapel Button * National Defense Service Medal * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. His records do not contain official orders awarding him the Army Good Conduct Medal nor do they contain any reference of disqualification for award of the Army Good Conduct Medal. 5. The Gulf War Deployment Roster shows the applicant was deployed to Southwest Asia from 1 September to 30 November 1995, a period of 3 months and 1 day. 6. The Defense Finance and Accounting Service (DFAS) verified that the applicant' received hostile fire/imminent danger pay for duty in Kuwait from 22 August through 3 November 1995, a period of 2 months and 13 days. 7. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 lists the Southwest Asia Service Medal with 1 bronze service star. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Southwest Asia Service Medal 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. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns include the Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995). b. The Army Good Conduct Medal 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 Army Good Conduct Medal, disqualification must be justified. c. The Armed Forces Expeditionary Medal is authorized for participants 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. The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved. Table 2-3 lists designated U.S. military operations and the dates of eligibility for award of the Armed Forces Expeditionary Medal. The period during which the applicant was deployed to Kuwait is not listed in this table. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 contained item-by-item instructions for preparation of the DD Form 214 and specified to enter: a. in item 12c, the total amount of foreign service completed during the period covered; and b. in 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)" in the remarks block. DISCUSSION AND CONCLUSIONS: 1. The applicant's request has been carefully examined. 2. The DFAS information is accepted as sufficient evidence with which to amend item 12f and item 18 of the applicant's DD Form 214 to show he served in Kuwait from 22 August to 3 November 1995, a period of 2 months and 13 days. 3. Based on his accepted dates of service in Kuwait he is entitled to award of the Southwest Asia Service Medal with one bronze service star. 4. During his service the applicant was promoted to the rank/grade of CPL/E-4. In addition, there is no record of any disciplinary action taken against him or a justification of disqualification for award of the Army Good Conduct Medal. Based on his overall record of service it appears an administrative error occurred resulting in failure to award him the Army Good Conduct Medal prior to his discharge. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award), for the period 5 January 1994 through 25 April 1996, and to correct his DD Form 214 to show this award. 5. The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved. Table 2-3 of Army Regulation 600-8-2 does not list the period the applicant was in Kuwait as a designated U.S. military operation for award of the Armed Forces Expeditionary Medal. 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. awarding him the Army Good Conduct Medal (1st Award) for the period 5 January 1994 through 25 April 1996; b. adding to item 12f of his DD Form 214 the entry "0000  02  13;" c. adding to item 13 of his DD Form 214 award of the Army Good Conduct Medal (1st Award) and the Southwest Asia Service Medal with one bronze service star; and d. adding to item 18 of his DD Form 214 the statement "SERVICE IN KUWAIT FROM 19950822 - 19951103." 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 award of the Armed Forces Expeditionary 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) AR20150004479 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004479 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1