IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150004994 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 Army Commendation Medal (ARCOM) and his deployment in Kuwait. 2. The applicant states: * his ARCOM and Kuwait deployment are not listed on his DD Form 214 * it may have been overlooked, but he is not sure how 3. The applicant provides: * DA Form 638 (Recommendation for Award) * ARCOM Certificate * Certificate of Service 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 October 1990 and trained as a cannon crewmember. 3. The Defense Finance and Accounting Service (DFAS) confirmed he received hostile fire pay (HFP)/imminent danger pay (IDP) and combat zone tax exclusion for service in Kuwait from 1 October 1994 through 30 November 1994. 4. He provided a Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart/Hunter Army Airfield Certificate of Service in recognition of his performance of duty in support of Operation Vigilant Warrior during the period October to December 1994. 5. On 11 April 1996, he was honorably released from active duty. 6. His DD Form 214 shows he was awarded or authorized the: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Army Lapel Button * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars 7. Item 18 (Remarks) of his DD Form 214 does not show any deployments. 8. He provided a DA Form 638 showing he was awarded the ARCOM as an expiration term of service award for meritorious service during the period 27 February 1993 to 27 February 1996 by 24th Infantry Division Permanent Order Number 75-17, dated 17 April 1996. 9. Army Regulation 600-8-22 (Military Awards) provides the Southwest Asia Service Medal (SWASM) was awarded to members of the Armed Forces of the United States serving in Southwest Asia and the 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 are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January to 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 to 30 November 1995) 10. 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. It established standardized policy for preparation of the DD Form 214. The instructions stated that 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 item 18. DISCUSSION AND CONCLUSIONS: 1. Permanent orders show the applicant was awarded the ARCOM for meritorious service during the period 27 February 1993 to 27 February 1996. His DD Form 214 does not show this medal. 2. DFAS confirmed he received HFP/IDP for service in Kuwait from 1 October 1994 to 30 November 1994. This information is accepted as sufficient evidence with which to correct item 18 of his DD Form 214 to show his dates of service in Kuwait. 3. Based on his service in Southwest Asia, he is authorized award of the SWASM with one bronze service star. His DD Form 214 does not show this medal. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following awards to his DD Form 214: * ARCOM * SWASM with one bronze service star b. adding the entry "SERVICE IN KUWAIT FROM 19941001-19941130" to item 18 of his 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) AR20150004994 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004994 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1