IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150006136 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 his foreign service in Southwest Asia (SWA), including awards for his service in SWA, and correction of his NGB Form 22 (Report of Separation and Record of Service) to show he was honorably separated from the Texas Army National Guard (TXARNG). 2. The applicant states he entered active duty in the Regular Army (RA) on 26 July 1989. a. He was assigned to Battery B, 3rd Battalion,11th Field Artillery and served in SWA from 29 December 1990 to 6 May 1991. b. He was honorably released from active duty (REFRAD) on 26 July 1993 and separated from the TXARNG on 31 May 1996 under honorable conditions. 3. The applicant provides copies of his DD Form 214 and a memorandum for record (MFR) pertaining to his SWA 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 U.S. Army Reserve (USAR) on 6 September 1988 for a period of 8 years and he further enlisted in the RA on 26 July 1989 for a period of 4 years. He was awarded military occupational specialty (MOS) 13B (Cannon Crewmember). He was promoted to the rank of specialist (SPC)/pay grade E-4 on 26 September 1991. 3. His DA Form 2-1 (Personnel Qualification Record), in pertinent part, shows in: * item 5 (Oversea Service): Saudi Arabia, Temporary Duty (no dates) * item 9 (Awards, Decorations and Campaigns) – * Army Service Ribbon * Army Lapel Button * Army Commendation Medal * National Defense Service Medal * Overseas Service Ribbon * Army Good Conduct Medal (1st Award) * Kuwait Liberation Medal–Saudi Arabia * SWA Service Medal with 2 Bronze Service Stars 4. The applicant's DD Form 214 shows he entered active duty this period on 26 July 1989, honorably REFRAD on 25 July 1993, and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He had completed 4 years of net active service this period. It also shows in – * item 12 (Record of Service), block f (Foreign Service): 2 years, 3 months, and 10 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Overseas Service Ribbon * SWA Service Medal with 2 Bronze Service Stars * Kuwait Liberation Medal * Army Commendation Medal * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Grenade and Rifle (M-16) Bars * item 18 (Remarks) does not show he deployed with his unit to a foreign country 5. The applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and TXARNG on 29 January 1994 for a period of 2 years. 6. A review of the applicant's military personnel record shows the Commander, Headquarters Battery, 4th Battalion, 133rd Field Artillery, TXARNG, notified the applicant via United States Postal Service certified mail of unexcused absences for unit training assemblies (UTA), as follows: Unexcused Absence Dates UTA Total Cumulative Total 7 to 9 April 1995 4 4 5 to 7 May 1995 4 8 10 September 1995 2 10 14 and 15 October 1995 4 14 2 and 3 December 1995 3 17 20 and 21 January1996 4 21 12 to 14 April 1996 4 25 7. Headquarters Battery, 4th Battalion, 133rd Field Artillery, TXARNG, Braunfels, TX, Orders 1-1, dated 9 February 1996, as amended, reduced the applicant in grade from specialist (E-4) to private first class (E-3) for being an "unsatisfactory participant," effective 30 October 1995. 8. State of Texas, Adjutant General's Department, Austin, TX, Orders 159-183, dated 7 June 1995, discharged the applicant from the ARNG with a general discharge, effective 31 May 1996, and transferred him to the USAR Control Group (Reinforcement). 9. An NGB Form 22 shows the applicant enlisted on 29 January 1994 and was discharged from the TXARNG on 31 May 1996. He had completed 2 years, 4 months, and 2 days of net service this period. It also shows in – * item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) – * Army Service Ribbon * National Defense Service Medal * Army Good Conduct Medal * Army Commendation Medal * Overseas Service Ribbon * SWA Service Medal with 2 Bronze Service Stars * Kuwait Liberation Medal * Army Lapel Button * item 23 (Authority and Reason): NGR 600-200 (Enlisted Personnel Management), paragraph 8-27g, Unsatisfactory Participant * item 24 (Character of Service): Under Honorable Conditions 10. USAR Personnel Center, St. Louis, MO, Orders D-02-714579, dated 18 February 1997, honorably discharged the applicant from the USAR effective 18 February 1997. 11. In support of his request the applicant provides a Battery C, 2nd Battalion, 29th Field Artillery, MFR, dated 1 June 1991, subject: Verification of Tour in SWA for Operation Desert Shield/Storm, that shows the commander certified the applicant arrived in SWA on 29 December 1990 and he departed on 6 May 1991. 12. A review of the Persian Gulf War Roster confirms the applicant served in SWA in support of Operation Desert Shield/Storm with Battery C, 2nd Battalion (WH29C0), 29th Field Artillery. 13. A review of the applicant's military personnel records failed to reveal evidence that he was awarded the Kuwait Liberation Medal–Kuwait. 14. Headquarters, Department of the Army, General Orders Number 14, dated 11 April 1997, awarded the 2nd Battalion, 29th Field Artillery, the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 2 January 1991 to 20 July 1991. 15. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The SWA Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operation Desert Shield/Storm in the designated area on or after 2 August 1990 to 30 November 1995. (1) A bronze service star is authorized for wear with this service medal for participation in each credited campaign. (2) Table B-1 contains a list of SWA Conflict campaigns and shows that during the applicant's tour in SWA participation credit was awarded for the following campaigns – * Defense of Saudi Arabia (2 August 1990 - 16 January 1991) * Liberation and Defense of Kuwait (17 January - 11 April 1991) * Southwest Asia Cease-Fire (12 April 1991 - 30 November 1995) b. The Kuwait Liberation Medal (KLM) awarded by the Kingdom of Saudi Arabia (KLM–SA) was approved on 3 January 1992 and was 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. c. The KLM awarded by the Government of Kuwait (KLM–K) was approved on 9 November 1995 and was 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. 16. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or REFRAD service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214. It shows 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; and b. item 18, for an active duty Soldier deployed with his unit to a foreign country during their continuous period of active service enter: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates, for example YYYYMMDD-YYYYMMDD)." 17. NGR (National Guard Regulation) 600-200, in effect at the time, establishes standards, policies, and procedures for the management of the ARNG and ARNGUS enlisted Soldiers in military personnel functional areas, including enlisted separations. Chapter 8 (Discharge), paragraph 8-27 (State ARNG discharge), provides the reasons and procedures governing discharge from the State, which includes unsatisfactory participant (subparagraph g). 18. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. Chapter 3, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show his foreign service in SWA, along with his awards, and his NGB Form 22 should be corrected to show he was honorably separated from the TXARNG. 2. The evidence of record shows the applicant deployed overseas with his unit, he arrived in SWA on 29 December 1990, and he departed SWA on 6 May 1991. Based on the foregoing, item 18 of his DD Form 214 should be corrected to show the period of his foreign service while deployed with his unit in SWA. 3. The evidence of record shows the applicant's service in support of Operation Desert Shield/Storm in SWA qualified him for award of the – * SWASM with 3 Bronze Service Stars * KLM–SA * KLM–K 4. General orders awarded the applicant's unit the Valorous Unit Award. 5. The evidence of record shows the applicant's ARNG commander took action to ensure that appropriate effort was made to contact the applicant concerning his unauthorized absences during the period April 1995 through April 1996. a. On 30 October 1995, he was reduced in grade for being an "unsatisfactory participant." Nonetheless, the applicant's periods of unexcused absences continued (through April 1996). b. Orders and his NGB Form 22 show he was discharged from the ARNG for "unsatisfactory participant" with a general, under honorable conditions on 31 May 1996. c. Based on the evidence of record, the applicant's service (i.e., from 7 April 1995 through 14 April 1996) clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. Thus, there is an insufficient evidentiary basis to correct the applicant's ARNG records to show he was honorably discharged on 31 May 1996. 6. However, in view of all of the foregoing, it would be appropriate to correct the applicant's military records, as recommended below. 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 and Army National Guard records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 the following awards – * "Southwest Asia Service Medal W/2 Bronze Stars" * "Kuwait Liberation Medal" b. adding the following awards to item 13 of his DD Form 214 – * Southwest Asia Service Medal with 3 Bronze Service Stars * Kuwait Liberation Medal–Saudi Arabia * Kuwait Liberation Medal–Kuwait * Valorous Unit Award c. adding to item 18 of his DD Form 214 the entry, "SERVICE IN SOUTHWEST ASIA FROM 19901229–19910506 d. deleting from item 15 of his NGB Form 22 the following awards – * "SW–ASIA–SM W/2BSS" * "KUL–IBM–MDL" e. adding the following awards to item 15 of his NGB Form 22 – * Southwest Asia Service Medal with 3 Bronze Service Stars * Kuwait Liberation Medal–Saudi Arabia * Kuwait Liberation Medal–Kuwait * Valorous Unit Award 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 the characterization of his service in the Army National Guard of the United States and Texas Army National Guard. _______ _ _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) AR20150006136 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006136 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1